Legal Opinion

Mergenthaler Linotype Co. v. McClure

Court of Appeals of Texas

Decided April 27, 1928No. 439. [fn*]Published

1Opinion of the CourtFunderburk, J.

About May 17, 1926, Garner Printing Company instituted suit against S. W. McClure, seeking to establish an indebtedness and asking for foreclosure of a lien upon certain property used in connection with the publication of the Anson News. Plaintiffs were admittedly junior lien holders. They alleged the value of the property at $4,000, and prayed for the appointment of a receiver, in response to which latter prayer Gilbert 0. Smith was appointed.

On December 13, 1926, appellant, Mergen-thaler Linotype Company, filed an independent suit in the same court against the members of the firm…

2Cases cited13 opinions

  1. J. M. Hamilton & Co. v. PrescottTexas Supreme Court · 1889
  2. Kinney v. Tri-State Telephone Co.Texas Commission of Appeals · 1920
  3. Houston Ice & Brewing Co. v. ClintCourt of Appeals of Texas · 1913
  4. Gulf Pipe Line Co. v. LasaterCourt of Appeals of Texas · 1917
  5. Rick v. FarrellCourt of Appeals of Texas · 1924

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