Hudgins Produce Co. v. J. R. Beggs & Co.
Court of Appeals of Texas
Appeal from Bowie County Court; Lee Tidwell, Judge. Action by J. R. Beggs & Co. against the Hudgins Produce Company. Judgment for the plaintiff, and defendant appeals. In October, 1913, appellees, wholesale dealers at St. Paul, Minn., sold a carload of potatoes to Sanders Bros., through the Gaines-Ramage Company, brokers at Texarkana, Tex. The potatoes were consigned to appel-lees’ order with instructions to the carrier to notify Sanders Bros, when same reached Texarkana.
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Appeal from Bowie County Court; Lee Tidwell, Judge. Action by J. R. Beggs & Co. against the Hudgins Produce Company. Judgment for the plaintiff, and defendant appeals. In October, 1913, appellees, wholesale dealers at St. Paul, Minn., sold a carload of potatoes to Sanders Bros., through the Gaines-Ramage Company, brokers at Texarkana, Tex. The potatoes were consigned to appel-lees’ order with instructions to the carrier to notify Sanders Bros, when same reached Texarkana. The bill of lading covering the shipment, with a draft on Sanders Bros, for the purchase price of the potatoes attached…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). [1] In its answer appellant alleged that it bought the potatoes of the Gaines-Ramage Company believing that company to be the owner of same, and that it paid the Gaines-Ramage Company for the potatoes in full at a time when it had no notice of the fact that appellees owned them. If it appeared from the proof made that appellant did that, then the judgment should not have been in appellees’ favor, for the law is that one who purchases from an agent property an undisclosed owner has intrusted to him to sell, in good faith, relying upon the ownership being in…
2Cases cited6 opinions
- Baxter v. ShermanSupreme Court of Minnesota · 1898
- Henderson v. JohnsonCourt of Appeals of Texas · 1900
- Gardner v. Allen's Ex'rSupreme Court of Alabama · 1844
- Winslow Bros. v. StatonSupreme Court of North Carolina · 1909
- Feinstein v. RitterAppellate Terms of the Supreme Court of New York · 1915
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