Erhard v. Callaghan
Texas Supreme Court
Appeal from Cameron. Tried below before the Hon. E. Basse. Callaghan brought suit May 80, 1867, as a member of the late mercantile firm of C. Callaghan & Co., alleging that on December 24, 1864, in Matamoras one J. Y. Dortigue, being indebted to C. Callaghan & Co. $832 73 in gold and silver coin, at their instance and request, paid over to Erhard the sum of $832 73 in gold and silver coin to the credit of C. Callaghan & Co. and for their use and benefit, -which said sum the…
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Appeal from Cameron. Tried below before the Hon. E. Basse. Callaghan brought suit May 80, 1867, as a member of the late mercantile firm of C. Callaghan & Co., alleging that on December 24, 1864, in Matamoras one J. Y. Dortigue, being indebted to C. Callaghan & Co. $832 73 in gold and silver coin, at their instance and request, paid over to Erhard the sum of $832 73 in gold and silver coin to the credit of C. Callaghan & Co. and for their use and benefit, -which said sum the said Erhard promised to "pass immediately to the credit of said firm of C. Callaghan & Co. That said Erhard never…
1Opinion of the CourtMorrill, C. J.
The first error assigned is in overruling defendant’s demurrer.
The cause of the demurrer was that the petition did not disclose the names of the firm of Callaghan & Co.
*178This cause- of objection, was met by an’amended petition, setting, forth the names.
The second was in not strife-g out a part of the answer of the witness, Evins, to the fifth interrogatory! ' • '
On the trial the reasons assigned for striding out the answer were because it was not responsive" to- the- question."
The question not being in the record, does not enable us to-mate any decision in the assigned error. It is the- duty of…
2Cited by5 opinions
- Wagley v. WagleyCourt of Appeals of Texas · 1921
- Pool v. Wedemeyer & SchulteTexas Supreme Court · 1882
- Garrett v. DannerCourt of Appeals of Texas · 1912
- Hughes v. McClatchyCourt of Appeals of Texas · 1951
- Anders v. JohnsonCourt of Appeals of Texas · 1926