Legal Opinion

Bailey v. Hicks

Texas Supreme Court

Decided July 1, 1856PublishedCited by 33 opinions

Error from Polk. Tried before the Hon. Peter W. Gray. Suit by appellant against William 0. Hicks and Rachael 0. Hicks, his wife, commenced April 17th, 1851, for the balance of a store account, for necessaries “ contracted for by her in “ the year 1849, and furnished herself and children, and for “ expenses incurred by her during that year, for the benefit of “ her separate property f also for the amount of an account “ for necessaries contracted for by her in the year 1850,…

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Error from Polk. Tried before the Hon. Peter W. Gray. Suit by appellant against William 0. Hicks and Rachael 0. Hicks, his wife, commenced April 17th, 1851, for the balance of a store account, for necessaries “ contracted for by her in “ the year 1849, and furnished herself and children, and for “ expenses incurred by her during that year, for the benefit of “ her separate property f also for the amount of an account “ for necessaries contracted for by her in the year 1850, and “ furnished herself and children, and for expenses incurred by “ her during that year for the benefit of her…

1Opinion of the CourtWheeler, J.

The jury evidently found for the defendant on the first question submitted to their decision by the charge of the Court, under the belief that the goods were furnished at the instance and upon the sole credit of Thomas Hicks; that they were originally charged to him, and that it was understood and intended that he alone was to be looked to and held responsible for the price. And we cannot say that their finding was not warranted by the evidence. There certainly was evidence tending to the conclusion, that the goods were charged originally to Thomas Hicks ; that the credit was given to him…

2Cited by33 opinions

  1. Reilly v. BusterCourt of Appeals of Texas · 1932
  2. Farmers' Guaranty State Bank of Jacksonville v. Burrus Mill & Elevator Co.Court of Appeals of Texas · 1918
  3. Norris Bros., Inc. v. MattinsonCourt of Appeals of Texas · 1940
  4. Green v. ScalesCourt of Appeals of Texas · 1919
  5. Brown v. HartCourt of Appeals of Texas · 1931

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