Mitchell v. McLemore
Texas Supreme Court
Appeal from Navarro. The appellee Alert Ins petition in the District Court on the 28tii day of September, 1S50, setting forth that on the ISIh (lay of November, 1839, tiie defendant’s intestate executed to the' plainUir his'receipt, whereby lie acknowledged the receipt from the plaintiff of four hundred and fifty dollars, to bo by him invested in the paying government foes for Texas scrip placed in his hands for location; tiiat lie"thereby became bound to apply the money to…
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Appeal from Navarro. The appellee Alert Ins petition in the District Court on the 28tii day of September, 1S50, setting forth that on the ISIh (lay of November, 1839, tiie defendant’s intestate executed to the' plainUir his'receipt, whereby lie acknowledged the receipt from the plaintiff of four hundred and fifty dollars, to bo by him invested in the paying government foes for Texas scrip placed in his hands for location; tiiat lie"thereby became bound to apply the money to the purpose mentioned in the receipt, or, if he failed to do so, lo refund it to the plaintiff; and that lie liad failed…
1Opinion of the CourtWiieeler, J.
The principal question is whether the cause of action was-barred by the statute of limitations.
The relation between the parties t.o the receipt was that .of principal and agent, and the principle applicable to the ease is the same as in tile eases of agency and factorage. In these eases, where money lias been collected by an agent for ills principal, or an attorney for his client, or where goods have been consigned to a factor for sale, there inis been some at least apparent contrariety of opinion's as to whether an action will lie until after demand, and consequently whether (he statute of…
2Cited by11 opinions
- Duncan v. MagetteTexas Supreme Court · 1860
- Stevens v. State Farm Fire & Casualty Co., Texas Court of Appeals, 6th District (Texarkana)1996
- Eborn v. ZimpelmanTexas Supreme Court · 1877
- Ash v. A. B. Frank Co.Court of Appeals of Texas · 1911
- Smith v. Estate of SmithMichigan Supreme Court · 1892
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