Cook & McElvey v. Halsell
Texas Supreme Court
Appeal from Wise. Tried below before the Hon. W. H. Bullock, Special Judge. This suit was brought by appellee on March 19, 1883, against one Harry May and appellants, J. M. Cook and H. L. McElvey. The plaintiff alleged that May was indebted to him on a promissory note for the sum of $850, executed by May on the 15th day of February, 1883, and due on the 1st day of September, 1883, with twelve per cent, interest after maturity.
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Appeal from Wise. Tried below before the Hon. W. H. Bullock, Special Judge. This suit was brought by appellee on March 19, 1883, against one Harry May and appellants, J. M. Cook and H. L. McElvey. The plaintiff alleged that May was indebted to him on a promissory note for the sum of $850, executed by May on the 15th day of February, 1883, and due on the 1st day of September, 1883, with twelve per cent, interest after maturity. May had also, at the time of executing this note, given a chattel mortgage on certain saloon fixtures, supplies and liquors then in one of his saloons in Decatur, Wise…
1Opinion of the Court
Delany, J. Com. App.
The third, fourth and fifth assignments of error will be considered together:
They complain of the action of the court in admitting the mortgage in evidence.
The objections made to it by appellants are thus stated in the brief of counsel:
1. Because filing with the clerk, as provided by law, has not been' proved.
2. Because a.valid and properly filed and registered chattel mortgage has not been pleaded.
3. Because the clerk’s certificate does not show at what time said mortgage was received by him, and that it was filed by him in his office, to be there kept for the inspection…
2Cases cited5 opinions
- Brothers v. Mundell, Munzesheimer & Co.Texas Supreme Court · 1883
- Hoeser v. KraekaTexas Supreme Court · 1867
- A. Peiser & Co. v. PeticolasTexas Supreme Court · 1879
- Hamilton v. WardTexas Supreme Court · 1849
- Scott v. AlfordTexas Supreme Court · 1880
3Cited by17 opinions
- Tips v. GayCourt of Appeals of Texas · 1912
- Reliable Iron Works v. First State Bank & Trust Co.Court of Appeals of Texas · 1922
- Bartlett v. Okla Oil Co.District Court, E.D. Oklahoma · 1914
- Bateman v. HippCourt of Appeals of Texas · 1908
- Avery Sons v. WaplesCourt of Appeals of Texas · 1898
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