Smith v. Anderson
Court of Appeals of Texas
Appeal from Webb. Tried below before Hon. A. L. McLane. 1. If the money paid by Smith was not by way of a loan, and Anderson had the privilege of refunding it if he pleased within a given time, which would have entitled him to a reconveyance of the shares of stock, it was a conditional sale.
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Appeal from Webb. Tried below before Hon. A. L. McLane. 1. If the money paid by Smith was not by way of a loan, and Anderson had the privilege of refunding it if he pleased within a given time, which would have entitled him to a reconveyance of the shares of stock, it was a conditional sale. De Bruhl v. Maas, 54 Texas, 472; Alstin v. Cundiff, 52 Texas, 461, 462; Hudson v. Wilkinson, 45 Texas, 452; Buffer v. Womack, 30 Texas, 332. 2. The court erred in its judgment entitling plaintiff to recover the stock without requiring him to pay the $500 and interest. 3. In decreeing a return of the…
1Opinion of the Court
NEILL, Associate Justice.
Appellee, the plaintiff below, brought this suit against the appellant, defendant below, and A. C. Smith, J. H. Johnston, W. T. Miller, C. E. Bonnell, and Arthur D. F. Bandolph, alleging in substance, that on July 17, 1893, he was the owner of 265 shares of capital stock in the Minera Colliery Company, a corporation organized under the laws of Texas, of which appellee was president and G. B. Broadwater secretary. That on said day appellant returned and had cancelled oh the books of said company sixty-eight shares of his stock, and in lieu thereof had a certificate…
2Cases cited6 opinions
- Alstin v. CundiffTexas Supreme Court · 1880
- Loving v. MillikenTexas Supreme Court · 1883
- Gibbs v. PennyTexas Supreme Court · 1875
- Gray v. ShelbyTexas Supreme Court · 1892
- Moore v. RogersTexas Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hume v. Le CompteCourt of Appeals of Texas · 1911
- Wichita Falls & W. Ry. Co. v. PiggCourt of Appeals of Texas · 1912
- Sanders v. BlakneyCourt of Appeals of Texas · 1927
- Hume v. Le CompteCourt of Appeals of Texas · 1911