Merriman v. Fulton
Texas Supreme Court
Appeal from Calhoun. The case was tried before Hon. Fielding Jones, one of the district judges. Fulton, Hensley & Cross, being merchants at Lavaca, Texas, addressed the following letter to A. W. Canfield: Lavaca, September 25, 1858. “ Capt. A. W. Caneield. “Dear Sir: Below please find memorandum of cypress lumber for schooner Diamond, which please have filled to the letter. “ 5,000 feet f-inch cypress, 14, 16, 18, and 20 feet long and very wide.
Read the full summary
Appeal from Calhoun. The case was tried before Hon. Fielding Jones, one of the district judges. Fulton, Hensley & Cross, being merchants at Lavaca, Texas, addressed the following letter to A. W. Canfield: Lavaca, September 25, 1858. “ Capt. A. W. Caneield. “Dear Sir: Below please find memorandum of cypress lumber for schooner Diamond, which please have filled to the letter. “ 5,000 feet f-inch cypress, 14, 16, 18, and 20 feet long and very wide. “10,000 feet 1-inch, from 12 to 24 feet long and all wide, some to be 2 feet wide. “ 7,500 feet 1^-inch, very wide, some to be 2 feet wide. “ 7,500…
1Opinion of the CourtCoke, J.
It is deemed necessary to consider only three of the assignments of error:
1. That the court erred in admitting as evidence the order from Fulton, Hensley & Cross to A. W. Canfield.
2. That the court erred in instructing the jury.
*1033. That the court erred in overruling the motion for a new trial.
The first assignment is not well taken. The order referred to reads as follows:
“Lavaca, September 25, 1858.
“ Capt. A. W. Canfield.
“Dear Sir: Below please find memorandum of cypress lumber for schooner Diamond, which please have filled to the letter. [Here follows description of the lumber.] "We want the…
2Cases cited2 opinions
- Perkins v. Washington InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1825
- Norwich & Worcester Railroad v. CahillSupreme Court of Connecticut · 1847
3Cited by14 opinions
- Sealy Oil Mill & Mfg. Co. v. Bishop Mfg. Co.Texas Commission of Appeals · 1921
- San Angelo Water, Light & Power Co. v. BaughCourt of Appeals of Texas · 1925
- Houston E. & W. T. R. Co. v. JonesCourt of Appeals of Texas · 1927
- M. Halff & Bro. v. O'ConnorCourt of Appeals of Texas · 1896
- Sharpstown State Bank v. Great American Insurance Co.Court of Appeals of Texas · 1969
9 more not listed; retrieve them via the Exa API.