Coleman & Davidson v. Colgate
Texas Supreme Court
Appeal from Coleman. Tried below before I. P. Hutchison, Special Judge. This suit -was brought by John Colgate against D. E. Gas-ton and Coleman Sc Davidson, to whom Gaston, acting as the agent of plaintiff, had sold wool belonging to the plaintiff. The defendants Coleman Sc Davidson set up, by way of defense, that Gaston and one Starkneacter were the general agents of the plaintiffs, and they pleaded, in set off, the value of goods sold and delivered to Gaston.
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Appeal from Coleman. Tried below before I. P. Hutchison, Special Judge. This suit -was brought by John Colgate against D. E. Gas-ton and Coleman Sc Davidson, to whom Gaston, acting as the agent of plaintiff, had sold wool belonging to the plaintiff. The defendants Coleman Sc Davidson set up, by way of defense, that Gaston and one Starkneacter were the general agents of the plaintiffs, and they pleaded, in set off, the value of goods sold and delivered to Gaston. Gaston, by contract with the plaintiff, was interested in the profits to be derived from a flock of sheep belonging to plaintiff,…
1Opinion of the Court
Collard, Judge.
Appellants in their first assignment of error, complain of the ruling of the court in refusing to suppress the depositions of appellee, because he declined to attach letters written by him to Starkweather requesting him to look after his business in Coleman county.
It is well settled that depositions will be suppressed on motion for that purpose,' when on cross examination a witness or a party to a suit refuses to answer a material question. (Lee & Co. v. Stowe & Wilmerding, 57 Texas, 451; H. & T. C. R. R. v. Shirley, 54 Texas, 142, 143; Weeks’ Law of Dep., 367, 370.)
If a party…
2Cases cited2 opinions
- Houston & T. C. R. R. Co. v. ShirleyTexas Supreme Court · 1880
- M. C. Lee & Co. v. WilmerdingTexas Supreme Court · 1882
3Cited by13 opinions
- Continental Oil Co. v. BaxterCourt of Appeals of Texas · 1933
- Cannel Coal Co. v. LunaCourt of Appeals of Texas · 1912
- Naylor v. ParkerCourt of Appeals of Texas · 1911
- Higley v. DennisCourt of Appeals of Texas · 1905
- St. Louis Southwestern Railway Co. v. HarkeyCourt of Appeals of Texas · 1905
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