Morris v. Sellers
Texas Supreme Court
Error from Galveston. Tried below before the Hon. A. P. McCormick. Peel & Bumble, a firm of factors and commission merchants, were doing business in the city of Galveston, and the defendants in error were also factors and commission merchants, doing business in the same place.
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Error from Galveston. Tried below before the Hon. A. P. McCormick. Peel & Bumble, a firm of factors and commission merchants, were doing business in the city of Galveston, and the defendants in error were also factors and commission merchants, doing business in the same place. Peel & Bumble, on the 19th of September, 1865, shipped Sellers & Sellers forty-one bales of cotton, of certain marks, and on the 30th of September, 1865, shipped them nine more bales of cotton, to be sold for their account. Sellers & Sellers advanced, per contract, §75 per bale, to Peel & Bumble, on the day of their…
1Opinion of the Court
Roberts, Chief Justice.
To maintain this suit, it was incumbent on J. E. Morris to allege " and prove that the fifty bales of cotton in controversy was his property at the time that Peel & Durable let J. S. Sellers & Co. have them. If the jury were satisfied of that fact, the next question was, were they satisfied from the evidence that Peel & Bumble, upon receiving an advance of seventy-five dollars, in gold, per bale, placed the said fifty bales of cotton in the *394hands of J. S. Sellers & Co., at Galveston, to he by them shipped to Mew York, under an agreement that the proceeds of the sale…
2Cases cited2 opinions
- Hogan v. ShorbNew York Supreme Court · 1840
- Parker v. DonaldsonSupreme Court of Pennsylvania · 1841
3Cited by6 opinions
- Scruggs v. Crockett Automobile Co.Court of Appeals of Texas · 1931
- Posey v. Adam Schaaf Co.Court of Appeals of Texas · 1916
- Winslow Bros. v. StatonSupreme Court of North Carolina · 1909
- Clark v. GroceCourt of Appeals of Texas · 1897
- Posey v. Adam Schaaf Co.Court of Appeals of Texas · 1916
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