Griffith v. Gohlman, Lester & Co.
Court of Appeals of Texas
1. Venue <&wkey;7 — “Contract in Writing to Perform Obligation in Particular County” — Statutes. Where defendant shipped cotton from his county to that of plaintiffs consigned to himself, and forwarded bills of lading to plaintiffs' with drafts calling for advances, and after the cotton was sold plaintiffs applied the proceeds in part payment of the advances, which were also secured by stock placed in plaintiffs’ hands as a pledge, there was no writing to perfprm any…
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1. Venue <&wkey;7 — “Contract in Writing to Perform Obligation in Particular County” — Statutes. Where defendant shipped cotton from his county to that of plaintiffs consigned to himself, and forwarded bills of lading to plaintiffs' with drafts calling for advances, and after the cotton was sold plaintiffs applied the proceeds in part payment of the advances, which were also secured by stock placed in plaintiffs’ hands as a pledge, there was no writing to perfprm any obligation in plaintiffs’ county under Vernon’s Sayles’ Ann. Civ. St. 1914, art. 1830, allowing one to be sued in such a…
1Opinion of the CourtBrooke, J.
It is, perhaps, well at the outset to set out the original petition filed in this cause:
“Tour petitioners, Gohlman, Lester & Co., a firm composed of S. L. Gohlman, Jr., and J. E. Lester, hereinafter called plaintiffs, complaining against John Griffith, hereinafter called defendant, respectfully represent.
“(1) Plaintiffs reside in Harris county, Tex., and defendant resides in Wilson county, Tex.
“(2) That heretofore, to wit, on the 4th day of September, 1913, and ever since said date, plaintiffs were and have been engaged at Houston, Tex., as cotton commission merchants, receiving, handling,…
2Cases cited1 opinion
- Hickman v. SwainTexas Supreme Court · 1914
3Cited by9 opinions
- Benson v. Greenville Nat. Exchange BankCourt of Appeals of Texas · 1952
- Hall v. CastleberryCourt of Appeals of Texas · 1926
- Gohlman v. GriffithTexas Commission of Appeals · 1922
- Kelly v. National Bank of DenisonCourt of Appeals of Texas · 1921
- Sugarland Industries v. Universal MillsCourt of Appeals of Texas · 1925
4 more not listed; retrieve them via the Exa API.