Continental Bank & Trust Co. v. Dealey Bros.
Court of Appeals of Texas
Appeal from Dallas County Court; W. F. Whitehurst, Judge. Action by the Continental Bank & Trust Company against Dealey Brothers and others. From a judgment for plaintiff against one of the defendants, and for the other defendants against the plaintiff, plaintiff appeals. About October 3, 1907, the C. A. Bonds Lumber Company shipped two cars of shingles from Shreveport, La., to the Craven Lumber Company in Dallas, Tex.
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Appeal from Dallas County Court; W. F. Whitehurst, Judge. Action by the Continental Bank & Trust Company against Dealey Brothers and others. From a judgment for plaintiff against one of the defendants, and for the other defendants against the plaintiff, plaintiff appeals. About October 3, 1907, the C. A. Bonds Lumber Company shipped two cars of shingles from Shreveport, La., to the Craven Lumber Company in Dallas, Tex. It appeared from the face of the invoices made by the Bonds Company to cover the shipments that the Craven Company were the purchasers of the shingles. The Craven Company…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). [1] In its petition appellant alleged that the Craven Company purchased the shingles of the Bonds Company, and that the Bonds Company assigned to it the indebtedness for the purchase price thereby arising in that company’s favor against the Craven Company. As the owner of this debt appellant sought judgment against the Craven Company for the amount thereof. By other counts in its petition appellant sought, in the event it should appear that the Craven Company had not purchased the shingles, judgment against that company and Dealey Bros, on the theory that…
2Cases cited4 opinions
- Dahms v. SearsOregon Supreme Court · 1885
- Cooper v. BlairOregon Supreme Court · 1886
- Larkins & Moore v. EckwurzelSupreme Court of Alabama · 1868
- Strawbridge v. SternMichigan Supreme Court · 1897