Legal Opinion

Caffall v. Bandera Telephone Co.

Court of Appeals of Texas

Decided March 29, 1911PublishedCited by 6 opinions

5. Corporations (§ 423*) — Officers—Acts of Officers — Binding Effect. Appeal from District Court, Bandera County; R. H. Burney, Judge. Action by F. R. Caffall against the Ban-dera Telephone Company and others. From a judgment for defendants, plaintiff appeals.

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5. Corporations (§ 423*) — Officers—Acts of Officers — Binding Effect. Appeal from District Court, Bandera County; R. H. Burney, Judge. Action by F. R. Caffall against the Ban-dera Telephone Company and others. From a judgment for defendants, plaintiff appeals. F. R. Caffall sued the Bandera Telephone Company (hereinafter called the Bandera Company), a domestic corporation, and J. F. I-Iaby, R. L. Blackburn, J. I. Adams, and the San Antonio Northwestern Telephone Company, hereafter called the San Antonio Company, anothef domestic corporation, alleging in his first amended original petition,…

1Opinion of the CourtNeill, J.

(after stating the facts as above). The first assignment of error complains of the court’s sustaining the general demurrer of the San Antonio Company and the individual defendants to plaintiff’s petition.

The propositions asserted under the assignment are:

“(1) The San Antonio Northwestern Telephone Company, being a party to a contract involved in this suit, is a necessary and proper party defendant for the purpose of being bound by the decree of the court, and that it is true even if it is not liable for any wrongful acts or deceit of its president and general manager, and the damages arising…

2Cases cited6 opinions

  1. Cates v. L. C. Sparkman & Wise County Coal Co.Texas Supreme Court · 1889
  2. New Birmingham Iron & Land Co. v. BlevensCourt of Appeals of Texas · 1896
  3. Evans v. BrandonTexas Supreme Court · 1880
  4. Frey v. Fort Worth & Rio Grande Railway Co.Texas Supreme Court · 1894
  5. Falfurrias Immigration Co. v. SpielhagenCourt of Appeals of Texas · 1910

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Gearhart Industries, Inc. v. Smith International, Inc.Court of Appeals for the Fifth Circuit · 1984
  2. Russell v. Industrial Transp. Co.Texas Supreme Court · 1924
  3. Fed. Sec. L. Rep. P 91,667 Gearhart Industries, Inc., Cross v. Smith International, Inc., a Delaware Corporation, Third Party Cross v. Texas American/fort Worth N.A., Trustee, Third Party DefendantsCourt of Appeals for the Third Circuit · 1984
  4. Williams v. Guaranty State Bank & Trust Co.Court of Appeals of Texas · 1924
  5. Equitable Trust Co. v. Columbia National BankSupreme Court of South Carolina · 1928

1 more not listed; retrieve them via the Exa API.

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