Stiles v. Hill, Fontaine & Co.
Texas Supreme Court
Appeal from Red River. Tried below before the Hon. R. R. Gaines. Rogers & Atkinson, merchants at Walker Station in Red River county, became indebted to Hill, Fontaine & Co., the appellees, in the sum of §840. To secure this debt, P. H. Rogers, for the firm (Atkinson acquiescing), executed to appellees an instrument conveying to the latter their entire stock of goods and giving them immediate possession, with the power to sell the same, until a sufficient amount had been…
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Appeal from Red River. Tried below before the Hon. R. R. Gaines. Rogers & Atkinson, merchants at Walker Station in Red River county, became indebted to Hill, Fontaine & Co., the appellees, in the sum of §840. To secure this debt, P. H. Rogers, for the firm (Atkinson acquiescing), executed to appellees an instrument conveying to the latter their entire stock of goods and giving them immediate possession, with the power to sell the same, until a sufficient amount had been realized from the goods to pay off this indebtedness, when the residue of the property was to be turned over to Rogers &…
1Opinion of the Court
Stayton, Associate Justice.
The instrument through which Hill, Fontaine & Co. claim to have acquired rights does not bear on its face any evidence whatever that it was intended to operate as an assignment for the benefit of creditors under the act of March 24, 1879.
On the contrary, it purports to be just what it is, a mortgage with power to sell given to secure a debt which its' makers, Bogers & Atkinson, owed to the appellees, and it carried with it all the incidents of such a mortgage, whether expressed or not.
In La Belle Wagon Works v. Tidball, Van Zandt & Co., 59 Tex., 292, it was held…
2Cited by12 opinions
- Johnson v. J. M. Robinson & Co.Texas Supreme Court · 1887
- Temple Electric Light Co. v. HalliburtonCourt of Appeals of Texas · 1911
- Watterman, Star & Co. v. SilberbergTexas Supreme Court · 1886
- Tittle v. VanleerTexas Supreme Court · 1896
- Reagan v. AikenSupreme Court of the United States · 1891
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