Legal Opinion

Parlin & Orendorff Co. v. Harrell

Court of Appeals of Texas

Decided October 31, 1894No. 1006PublishedCited by 5 opinions

Error to District Court of Burnet County. Tried below before Hon. W. A. Blackburn. 1. The court erred in finding that no fraud had been practiced on plaintiff by the reports furnished the mercantile agency by Burns & Munn; because (1) the evidence shows that said reports were false, in that they gave Burns & Munn a financial standing they were not entitled to; (2) the evidence shows that plaintiff was a subscriber of said mercantile agency, and that on account of said false…

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Error to District Court of Burnet County. Tried below before Hon. W. A. Blackburn. 1. The court erred in finding that no fraud had been practiced on plaintiff by the reports furnished the mercantile agency by Burns & Munn; because (1) the evidence shows that said reports were false, in that they gave Burns & Munn a financial standing they were not entitled to; (2) the evidence shows that plaintiff was a subscriber of said mercantile agency, and that on account of said false reports, plaintiff, believing them true, extended credit to Burns & Munn, and that plaintiff would not have done so had…

1Opinion of the Court

COLLAED, Associate Justice.

The statement of the nature and result of this suit made in plaintiff in error’s brief, and accepted as correct by defendant in error, is as follows: This was a suit for the possession of x>ersonal property. Plaintiff in error, .a corporation duly incorporated under the laws of Illinois, and transacting business under a legal permit in Texas, brought this suit against E. L. Harrell, trustee, under a deed of trust from Burns & Munn, conveying to him, without consideration, certain personal property to secure certain preferred creditors named therein, for the…

2Cases cited10 opinions

  1. Grace v. Wade & MainsTexas Supreme Court · 1876
  2. Overstreet v. ManningTexas Supreme Court · 1887
  3. Brothers v. Mundell, Munzesheimer & Co.Texas Supreme Court · 1883
  4. Erwin v. BlanksTexas Supreme Court · 1884
  5. Belt v. RaguetTexas Supreme Court · 1864

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Winton Motor Carriage Co. v. Broadway Automobile Co.Washington Supreme Court · 1911
  2. Turk v. CarnahanIndiana Court of Appeals · 1900
  3. Blount-Decker Lumber Co. v. Farmers' Lumber Co.Court of Appeals of Texas · 1919
  4. In re SuttonDistrict Court, E.D. Michigan · 1917
  5. Noll v. Harrison County BankMissouri Court of Appeals · 1928

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