Legal Opinion

Mussina v. Goldthwaite

Texas Supreme Court

Decided July 1, 1871PublishedCited by 17 opinions

Appeal ■ from Harris. Tried below before the Hon. James Masterson. The character of this litigation and its material features are Bummed up in the opinion of the court.

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Appeal ■ from Harris. Tried below before the Hon. James Masterson. The character of this litigation and its material features are Bummed up in the opinion of the court. At the trial of the case in the court below, Mussina, the intervenor, put W. H. Baker, the secretary, and B. A. Shepherd, the president of the company, on the witness stand, and proceeded to propound to them questions as to the persons by whom the bonds were held, designating certain directors; and the witness Shepherd was asked whether he was the owner of any of the bonds, and whether the suit had been brought at his request.…

1Opinion of the CourtWalker, J.

The Houston City Mills Manufacturing Company - was incorporated in 1864, with a capital stock of $500,000. It *131appears that, in 1868, shares had been taken in the capital stock to the amount of $75,000. On the ninth day of June, 1868, there were issued by the company $100,000 in bonds of different denó'minations, payable to George Goldthwaite or bearer; at the same time the company mortgaged its corporate property to Goldthwaite, as trustee for the holders of the bonds, to secure their payment.

The company failed to pay the interest on the bonds. Goldthwaite filed his petition in this case on…

2Cases cited4 opinions

  1. Claiborne v. TannerTexas Supreme Court · 1856
  2. May v. TaylorTexas Supreme Court · 1858
  3. Spiva v. WilliamsTexas Supreme Court · 1857
  4. McMahan v. SmithTexas Supreme Court · 1856

3Cited by17 opinions

  1. Inter-Continental Corporation v. MoodyCourt of Appeals of Texas · 1966
  2. Pool v. SanfordTexas Supreme Court · 1880
  3. Parker v. NaylorCourt of Appeals of Texas · 1912
  4. Canadian Country Club v. JohnsonCourt of Appeals of Texas · 1915
  5. Falfurrias Immigration Co. v. SpielhagenCourt of Appeals of Texas · 1910

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