San Antonio MacHine & Supply Co. v. McCarthy

POWER, Justice.

Prior to September 12, 1929, E. D. Traylor was engaged in the mercantile business and while carrying on said mercantile business the defendant, J. T. McCarthy, Jr., appellee herein, purchased in bulk and took possession of a part of the merchandise of said E. D. Traylor. At the time of the transfer of this merchandise to appellee, the San Antonio Machine & Supply Company, appellant herein, was a creditor of said Traylor for merchandise sold, and defendant McCarthy was further indebted to the San Antonio Machine & Supply Company.

Issues of law and fact were submitted to the court…