Legal Opinion

Carter Bros. & Co. v. Bush

Texas Supreme Court

Decided December 5, 1890No. 3220PublishedCited by 12 opinions

Appeal from Hunt. Tried below before Hón. E. W. Terhune.

1Opinion of the Court

GAINES, Associate Justice.

O'Neal & Evans, partners engaged in mercantile business, being unable to meet their obligations, transferred .their assets, which consisted of goods and other personal property and credits, to the appellee; the goods to be sold and the credits to be collected so far as necessary for the payment of certain of their creditors. The conveyances stipulated that after the payment of the secured creditors the remainder of the. assets should be returned to them. As to the goods the instrument ‘is a chattel mortgage, and as to the notes and accounts, they are in the nature of…

2Cases cited3 opinions

  1. W. R. Johnson & Co. v. Blanks, Walker & Co.Texas Supreme Court · 1887
  2. W. L. Moody & Co. v. CarrollTexas Supreme Court · 1888
  3. White Sewing Machine Co. v. AtkesonCourt of Appeals of Texas · 1889

3Cited by12 opinions

  1. Medley v. American Radiator Co.Court of Appeals of Texas · 1901
  2. Sorenson v. City National BankTexas Supreme Court · 1932
  3. Presnall v. Stockyards Nat. BankCourt of Appeals of Texas · 1912
  4. H. T. Simon, Gregory & Co. v. AshCourt of Appeals of Texas · 1892
  5. McClellan v. RouthCourt of Appeals of Texas · 1897

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