Daugherty v. Moon
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. George 1ST, Aldredge. The cause of action as presented in plaintiff’s petition as against W. M. Moon and the sureties on his bond as sheriff of Dallas county, was that one Petrie, on the 8th day of July, 1878, by his letter of attorney, authorized and empowered appellant to collect ■ a judgment recovered by him against.
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Appeal from Dallas. Tried below before the Hon. George 1ST, Aldredge. The cause of action as presented in plaintiff’s petition as against W. M. Moon and the sureties on his bond as sheriff of Dallas county, was that one Petrie, on the 8th day of July, 1878, by his letter of attorney, authorized and empowered appellant to collect ■ a judgment recovered by him against. H. G. Bohny for the sum of §621.54, and stipulating therein that appellant might retain one-half the amount he might collect for the services to be rendered by appellant in collection; that appellant caused an execution to issue…
1Opinion of the Court
Stayton, Associate Justice.—
The appellant having dismissed the suit as to the defendant Petrie, it becomes unnecessary to consider any question as to what right the appellant might have for compensation for any services he may have rendered under the agreement between them.
Whether or not the appellant acquired an irrevocable power to collect the judgment against Bohny, and to appropriate one-half of the sum so collected to his own use, depends upon whether or not the-power conferred upon the appellant by Petrie was “ a power coupled with an interest.”
The rule upon this subject is thus laid…
2Cases cited2 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Patton v. HamnerSupreme Court of Alabama · 1856
3Cited by8 opinions
- Superior Oil Co. v. Stanolind Oil & Gas Co.Court of Appeals of Texas · 1950
- Pyron v. BrownfieldCourt of Appeals of Texas · 1922
- Pan American Petroleum Corp. v. CainTexas Supreme Court · 1962
- San Jacinto Rice Co. v. A. M. Lockett & Co.Court of Appeals of Texas · 1912
- Bryan v. RossCourt of Appeals of Texas · 1919
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