Smith v. Texas & New Orleans Railroad
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District,' in an appeal from Jefferson County. Smith, as receiver, sued the Texas & New Orleans Railroad Company and others. Defendants had judgment and plaintiff, having appealed, on affirmance obtained writ of error.
1Opinion of the CourtChief Justice Gaines
This suit was brought by R. E. Smith as receiver of the Equitable Land & Oil Company against the Texas & New Orleans Railroad Company and other defendants to recover damages for the conversion and use of seventy-five tank cars, alleged to be the property of the Equitable Land & Oil Company.
The litigation grew out of the following facts: The Equitable Land & Oil Company, on the 31st day of October, 1901, bought the cars of the American Car & Foundry Company, paying twenty-five per cent of the purchase price and executing its mortgage to the vendor for the unpaid balance. On the 13th day of…
2Cases cited3 opinions
- Thorington v. SmithSupreme Court of the United States · 1869
- Roberts v. WimberlyTexas Supreme Court · 1874
- Atlantic, Tennessee & Ohio Railroad v. Carolina National BankSupreme Court of the United States · 1874
3Cited by30 opinions
- Johnson v. Dallas Cooperage & Woodenware Co.Texas Supreme Court · 1931
- Zapata v. Ford Motor Credit Co.Texas Supreme Court · 1981
- Earthman's, Inc. v. EarthmanCourt of Appeals of Texas · 1975
- G. C. Nunn, Receiver, Horace Smith, Fred Nemerovski and Harry Ballis v. Robert L. FeltintonCourt of Appeals for the Fifth Circuit · 1961
- Cities Service Oil Co. v. BrownTexas Supreme Court · 1930
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