Legal Opinion

Witt v. Nelson

Court of Appeals of Texas

Decided May 26, 1914No. 5378. [fn†]PublishedCited by 5 opinions

Appeal from District Court, McLennan County; Tom L. McCullough, Judge. Action by Edgar E. Witt, trustee, against E. Nelson and another. From a judgment for defendants, plaintiff appeals.

1Opinion of the Court

Findings of Fact.

JENKINS, J.(1) In 1902 and prior thereto, T. H. Kessler. & Co., a copartnership composed of T. H. Kessler, - Troutschold, A. J. Droke, and R. G. Ard, owned and operated a planing mill.(2) It was agreed by the members of the firm and Oscar Myre, an employe of the firm, that they would incorporate, and that Myre would buy Troutschold’s interest.(3) On August 25, 1902, a charter was obtained in the name of T. H. Kessler & Co., with an authorized capital of $30,000.(4) On September 2,1902, a proposition was submitted to the directors of the corporation by T. H. Kessler for the…

2Cases cited19 opinions

  1. Upton v. TribilcockSupreme Court of the United States · 1875
  2. Scovill v. ThayerSupreme Court of the United States · 1882
  3. Sanger v. UptonSupreme Court of the United States · 1875
  4. Sawyer v. HoagSupreme Court of the United States · 1873
  5. Handley v. StutzSupreme Court of the United States · 1891

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3Cited by5 opinions

  1. May v. CommissionerUnited States Board of Tax Appeals · 1936
  2. Fulton v. AbramsonCourt of Appeals of Texas · 1963
  3. Hackney v. YorkCourt of Appeals of Texas · 1929
  4. Blades v. SchmidtCourt of Appeals of Texas · 1937
  5. May v. CommissionerUnited States Board of Tax Appeals · 1936

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