Legal Opinion

Behrens Drug Co. v. Hamilton & McCarty

Texas Supreme Court

Decided November 21, 1898No. 713PublishedCited by 57 opinions

Error to the Court of Civil Appeals for the Third District, in an appeal from McLennan County. The Behrens Drug Company obtained a writ of error, upon the affirmance by the Court of Civil Appeals of a judgment of the District Court of McLennan County, in which the plea of privilege by the First national Bank of Comanche was sustained.

1Opinion of the Court

BROWN, Associate Justice.

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The Behrens Drug Company filed this suit in the District Court of McLennan County against Andrew L. Hamilton and James F. McCarty, partners composing the firm of Hamilton & McCarty, who resided in Comanche County, and against First National Bank of Comanche, Texas, which was located and domiciled in Comanche County. The object of the suit was to recover against Hamilton & McCarty the sum of $1269.50 with interest, the value of goods, wares and merchandise sold to them by the plaintiff, for which they had agreed in writing to make payment in McLennan County, and to…

2Cases cited3 opinions

  1. Max Lindheim & Bro. v. MuschampTexas Supreme Court · 1888
  2. Cohen v. MunsonTexas Supreme Court · 1883
  3. Oxsheer v. WattTexas Supreme Court · 1898

3Cited by57 opinions

  1. Henderson Grain Co. v. RussTexas Commission of Appeals · 1933
  2. Henderson Grain Co. v. RussTexas Supreme Court · 1933
  3. Lasater v. WaitsTexas Supreme Court · 1902
  4. Wool Growers' Central Storage Co. v. EdwardsCourt of Appeals of Texas · 1928
  5. First Nat. Bank of Seminole v. HenshawSupreme Court of Oklahoma · 1934

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