Lewis v. Lowery
Texas Supreme Court
Error from De Witt. The ease was tried before Hon. Wesley Ogden, one of the district judges. The appellant brought his action in the lower court, to recover the value of (.certain articles delivered at Brownsville, Texas, on 24th November, 1864, to defendants, Lowery & Tumlinson, who were then alleged to be wagoners and common carriers, doing business under the name and style of “ J. B. Lowery,” and as such were partners, and in their firm name they then executed and…
Read the full summary
Error from De Witt. The ease was tried before Hon. Wesley Ogden, one of the district judges. The appellant brought his action in the lower court, to recover the value of (.certain articles delivered at Brownsville, Texas, on 24th November, 1864, to defendants, Lowery & Tumlinson, who were then alleged to be wagoners and common carriers, doing business under the name and style of “ J. B. Lowery,” and as such were partners, and in their firm name they then executed and delivered to plaintiff their receipt or bill of lading for the articles, wherein they promised, for a valuable consideration,…
1Opinion of the Court
Morrill, O. J.
—Plaintiff brought suit against the de*665fendants, alleging that they were partners, doing a certain business in the name and style of J. 33. Lowery. That as such they executed a certain instrument and delivered it to plaintiff, signing their firm name thereto. This instrument is made in part the cause of action. Defendants pleaded the general denial. On the trial of the cause the plaintiff proposed to read this instrument as testimony, to which defendants excepted, unless plaintiff previously should prove the alleged partnership. The court sustained the exception; plaintiff took a…
2Cited by2 opinions
- City Water Works v. WhiteTexas Supreme Court · 1884
- McVeigh v. International Travelers Assur. Co.Court of Appeals of Texas · 1936