Barber v. Hutchins
Texas Supreme Court
Appeal from Hays. Tried below before the Hon. H. Teichmueller. Appellee, plaintiff below, claiming as the assignee of P. R. Turner & Co., a mercantile firm composed of P. R. Turner, W. B. Moore and J. E. Peters, and of the several members of the firm, by virtue of a certain deed of asssignment, executed on July 4, 1883, instituted a suit in the district court August 25, 1883, against appellants, defendants below, to recover the sum of $10,000, as damages for an alleged…
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Appeal from Hays. Tried below before the Hon. H. Teichmueller. Appellee, plaintiff below, claiming as the assignee of P. R. Turner & Co., a mercantile firm composed of P. R. Turner, W. B. Moore and J. E. Peters, and of the several members of the firm, by virtue of a certain deed of asssignment, executed on July 4, 1883, instituted a suit in the district court August 25, 1883, against appellants, defendants below, to recover the sum of $10,000, as damages for an alleged seizure by H. E. Barber, sheriff of Hays county, on July 5, 1883, of certain goods, wares and merchandise alleged to have…
1Opinion of the Court
Stayton, Associate Justice.
This action was brought to recover the value of a part of the same stock of goods which passed to the appellee, as assignee, under an assignment made by P. R. Turner & Co., which has been considered at the present term in the case of Schoolher, Bernstein & Co. v. Hutchins, assignee.
The facts bearing on the validity of the assignment, the right of "the appellee to maintain this action, and upon the measure of damages, are identical in the two cases, except that the bond of the assignee was executed, approved and filed before the goods were seized under the attachment…
2Cited by4 opinions
- Garner v. LaskerTexas Supreme Court · 1888
- Scott v. DoggettCourt of Appeals of Texas · 1949
- Von Stein v. TrexlerCourt of Appeals of Texas · 1893
- E. J. Hart & Co. v. BlumTexas Supreme Court · 1890