Proctor v. Marshall & James
Texas Supreme Court
Appeal from Caldwell. Tried below before the Hon. Thomas H. DuVal. Suit by appellees against appellants. March 16th, 1852, the plaintiffs, merchants in New Orleans, sold to the defendants, merchants at Lockhart in this State, a bill of merchandize, which, including the premium of insurance and interest for six months, amounted to $4847 88, for which the defendants gave their note at twelve months.
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Appeal from Caldwell. Tried below before the Hon. Thomas H. DuVal. Suit by appellees against appellants. March 16th, 1852, the plaintiffs, merchants in New Orleans, sold to the defendants, merchants at Lockhart in this State, a bill of merchandize, which, including the premium of insurance and interest for six months, amounted to $4847 88, for which the defendants gave their note at twelve months. The goods being lost at sea, the defendants sent to plaintiffs an'order, nearly a duplicate of the first, which the plaintiffs filled, April 2nd, 1852, and which, including insurance and charges,…
1Opinion of the Court
Hemphill, Ch. J.
The only question in this case, of much importance, is in relation to the appropriation of the money, collected by plaintiffs as agents for the defendants, for insurance on the first bill of goods which were lost on the coast of Texas. The plaintiffs applied it first to the payment of the open account for the last bill of goods, the balance being credited on the note for the first invoice of goods ; and the defendants contend that it should have been applied first to the discharge of the note, and the remainder entered as a credit upon the open account. The general rule of law…
2Cited by8 opinions
- Dunn v. Second National Bank of HoustonTexas Supreme Court · 1938
- Morgan v. MorganCourt of Appeals of Texas · 1966
- Shonaker v. Citizens' Loan & Investment Co.Court of Appeals of Texas · 1928
- Rodgers-Wade Furniture Co. v. WynnCourt of Appeals of Texas · 1913
- Carey v. EllisCourt of Appeals of Texas · 1932
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