Butcher v. J. I. Case Threshing MacH. Co.
Court of Appeals of Texas
Appeal from District Court, Lamar County; A. P. Dohoney, Judge. Suit by the J. I. Case Threshing Machine Company against John E. Butcher and others. Judgment for plaintiff, and defendants appeal. September 22, 1914, the Mineóla Box Manufacturing Company, a corporation under the laws of Texas, made and delivered its five promissory notes for sums aggregating $1,820 to appellee. The notes were not.paid when they matured.
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Appeal from District Court, Lamar County; A. P. Dohoney, Judge. Suit by the J. I. Case Threshing Machine Company against John E. Butcher and others. Judgment for plaintiff, and defendants appeal. September 22, 1914, the Mineóla Box Manufacturing Company, a corporation under the laws of Texas, made and delivered its five promissory notes for sums aggregating $1,820 to appellee. The notes were not.paid when they matured. After they had matured, to wit, on August 22, 1914, appellant commenced suit on the notes against the box manufacturing company in a district court of Dallas county. Before the…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above).
[1] It seems to be very well settled that, in a suit by a judgment creditor of a corporation against a stockholder therein to establish liability on the part o£ the stockholder for the debt, the judgment against the corporation is not only evidence, but, in the absence of fraud in procuring it, or lack of jurisdiction in the court to render it, conclusive evidence, of the fact that the corporation was indebted to the plaintiff as determined by such' judgment. 7 R. C. Law, p. 420, and authorities there cited; note to McBryan v. Universal…
2Cases cited3 opinions
- Pease v. Rathbun-Jones Engineering Co.Supreme Court of the United States · 1917
- Corsicana Transit Co. v. WaltonCourt of Appeals of Texas · 1916
- Orange Lumber Co. v. TooleCourt of Appeals of Texas · 1915
3Cited by5 opinions
- Burkburnett Refining Co. v. IlsengTexas Supreme Court · 1927
- Lyon-Gray Lumber Co. v. Gibraltar Life Ins.Texas Commission of Appeals · 1925
- Farmers' Mill & Elevator Co. v. HodgesCourt of Appeals of Texas · 1923
- Simmons v. Zimmerman Land & Irrigation Co.Court of Appeals of Texas · 1927
- Christian v. Texas Gas & Power Corp.District Court, N.D. Texas · 1952