Chandler v. Fulton
Texas Supreme Court
Appeal from Calhoun. Richard Patrick & Co., of New York, sold to James Nicholson, of Bastrop, a bill of goods, amounting to $2,200, on a credit of twelve months, and shipped them, on tlie 12th of April, 1851, to tlie care of Pulton & Hensley, commission merchants at Port Lavaca, with instructions to forward them to their destination.
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Appeal from Calhoun. Richard Patrick & Co., of New York, sold to James Nicholson, of Bastrop, a bill of goods, amounting to $2,200, on a credit of twelve months, and shipped them, on tlie 12th of April, 1851, to tlie care of Pulton & Hensley, commission merchants at Port Lavaca, with instructions to forward them to their destination. Pulton & Hensley received tile goods in their warehouse, and wrote to Nicholson, advising him of their arrival, asking orders, and stating that they would “ hold oil to the goods until lie should order them away.” i In May following Nicholson, being in failing…
1Opinion of the CourtWheeler, J.
It is objected to the judgment that the court erred in permit-
ting tiie intervention of the persons composing of the linn of Patrick & Co. By their inters'entiou the consignors could not, it is true, shield tiie defendants, Fulton &
Hensley, froin'responsibility for their own unauthorized acts. But tiie rights of the consignors were in controversy between tiie original parties to the suit. It is evident that its decision might materially affect their rights, and, perhaps, subject them to the necessity of further litigation. They were the real party in interest., adversely to the plaintiff;…
2Cases cited1 opinion
- Bell v. MossSupreme Court of Pennsylvania · 1840
3Cited by20 opinions
- Missouri Pacific Railway Co. v. HeidenheimerTexas Supreme Court · 1891
- In Re Murdock MacHine and Engineering Co. Of Utah, Bankrupt. Ramco Steel, Inc. v. Lindsey Kesler, Trustee, and United States of AmericaCourt of Appeals for the Tenth Circuit · 1980
- Conrad v. FisherMissouri Court of Appeals · 1889
- Edwards v. DicksonTexas Supreme Court · 1886
- C. H. Allyn & Co. v. P. J. Willis & Bro.Texas Supreme Court · 1885
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