Cushing v. P. R. Smith & Co.
Texas Supreme Court
Appeal from Brazos. Tried below before the Hon. J. M. Onins. Before the institution of this suit there was in Bryan a banking and commission house composed of O. P. Bowles and P. R. Smith, doing business under the firm name of P. R. Smith & Co. There was also a house doing a general business in merchandise composed of P. R. Smith, J. J. Adams, C. A. Sterne, and John W. Coulter, under the firm name of P. R. Smith & Co. also.
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Appeal from Brazos. Tried below before the Hon. J. M. Onins. Before the institution of this suit there was in Bryan a banking and commission house composed of O. P. Bowles and P. R. Smith, doing business under the firm name of P. R. Smith & Co. There was also a house doing a general business in merchandise composed of P. R. Smith, J. J. Adams, C. A. Sterne, and John W. Coulter, under the firm name of P. R. Smith & Co. also. These two houses, doing separate and distinct business, for a little while occupied different portions of the same building, but subsequently the banking house removed to…
1Opinion of the Court
Reeves, Associate Justice.
This suit was brought by appellant to recover the value of certain goods and merchandise sold to P. B. Smith & Co., composed of O. P. Bowles and the other defendants, as charged in the petition.
The defendant, Bowles, in his answer sets up as a defense to the suit that there were two firms in the town of Bryan doing business under the firm name of P. B. Smith & Co.; that one of said firms did a banking, exchange, and commission business, of which he, Bowles, was a member, and that P. B. Smith was the other and only member of this firm; that the other firm of the same…
2Cases cited6 opinions
- Fowler v. DavenportTexas Supreme Court · 1858
- Converse & Co. v. McKeeTexas Supreme Court · 1855
- Armstrong v. NixonTexas Supreme Court · 1856
- Farquhar v. DallasTexas Supreme Court · 1857
- Thompson v. PayneTexas Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Congdon & Aylsworth v. H. W. Monroe & Co.Texas Supreme Court · 1879
- Hawkins v. CramerTexas Supreme Court · 1885
- Schaeffer v. SpeckelsCourt of Appeals of Texas · 1931
- First National Bank v. Cochran, Court of Common Pleas of Ohio, Hamilton County1901
- Saint Nicholas National Bank v. KingNew York Supreme Court · 1887