Dodd & Co. v. Arnold
Texas Supreme Court
Appeal from McLennan. The case was tried before Hon. H. W. Battle, one of the district judges. In October, 1858, John Dodd and B. V. Shackleford, keepers of a livery stable in Hempstead, under their partnership name of Dodd & Co., hired a buggy, mule, and harness to two strangers, who called themselves Merchant and brother, or Wilson and brother, for the purpose of conveying them to Belton.
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Appeal from McLennan. The case was tried before Hon. H. W. Battle, one of the district judges. In October, 1858, John Dodd and B. V. Shackleford, keepers of a livery stable in Hempstead, under their partnership name of Dodd & Co., hired a buggy, mule, and harness to two strangers, who called themselves Merchant and brother, or Wilson and brother, for the purpose of conveying them to Belton. These men went to Waco, and there sold the buggy, mule, and harness to Arnold, the appellee, who was admitted to be an “innocent purchaser, for a valuable consideration paid therefor, without any notice of…
1Opinion of the CourtDonley, J.
—The first point in the charge is hypothetically submitted to the jury, and is erroneous. It is not alleged in any pleading in the cause that appellant intended that the propei’ty in the mule and buggy should pass to Mez’*101chant and brother in any event, nor is there any evidence to that point in the record. (Hopton v. Dean, 4 Tex., 455; McGreal v. Wilson, 9 Tex., 428; Lee v. Hamilton, 12 Tex., 418; Earle v. Thomas, 14 Tex., 592; Andrews v. Southwick, 20 Tex., 118.) The remainder of the charge, it is conceived, is against law, and cannot he sustained.
The good faith of the defendant cannot…
2Cases cited6 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Earle v. ThomasTexas Supreme Court · 1855
- Foster v. MartinTexas Supreme Court · 1857
- Wheelwright v. DepeysterNew York Supreme Court · 1806
- Lee v. HamiltonTexas Supreme Court · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- M. H. Thomas Co. v. HawthorneCourt of Appeals of Texas · 1922
- H. B. Claflin & Co. v. HarringtonCourt of Appeals of Texas · 1900
- Northern Texas Traction Co. v. JamisonCourt of Appeals of Texas · 1905
- Hosack v. R. Darman & Co.Texas Supreme Court · 1875
- Floyd v. RustTexas Supreme Court · 1883
7 more not listed; retrieve them via the Exa API.