Carroll v. Evans
Texas Supreme Court
Appeal from Lavaca. Tried below before the Hon. G. W. Smith. This action was brought by Evans, the appellee, against Carroll, the appellant, on the 17th of March, 1857, in the District Court of Gonzales county. After two trials in that county, both resulting in judgments for the plaintiff, and both set aside on motions of the defendant for new trials, the venue was changed to the county of Lavaca.
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Appeal from Lavaca. Tried below before the Hon. G. W. Smith. This action was brought by Evans, the appellee, against Carroll, the appellant, on the 17th of March, 1857, in the District Court of Gonzales county. After two trials in that county, both resulting in judgments for the plaintiff, and both set aside on motions of the defendant for new trials, the venue was changed to the county of Lavaca. In his petition, the plaintiff alleged that in the fall of the year 1848, preparatory to the formation of a partnership between himself and the defendant Carroll, he sent and delivered to said…
1Opinion of the CourtBell, J.
We are of opinion that there is no error in the judgment for which it ought to be reversed. The allegations of .the amended petition filed March 15, 1859, are very full to the point that the assignment to Weddington was only intended to enable him to collect a debt due to him from Evans, was not an absolute conveyance of the partnership property, and was not so understood or acted on by any of the parties; that Carroll understood the assignment to have been made only for the purpose of satisfying the debt due to Weddington by Evans, and that the partnership between Evans and Carroll continued…
2Cited by4 opinions
- Traders' & General Ins. Co. v. EmmertCourt of Appeals of Texas · 1934
- Watson v. McKinnonTexas Supreme Court · 1889
- Parker v. DonaldCourt of Appeals of Texas · 1972
- Kellar v. SelfCourt of Appeals of Texas · 1893