Mills v. Johnston
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Peter W. Gray. In this case, two suits, (which were subsequently consolidated,) were commenced by the appellant, against the appellees, Johnston & Dewbury, one on a .note of the appellees, due March 1st, 1854, for $11,721.69, upon which were sundry credits; the other, on a note of the appellees, due March 1st, 1855, for $8800, without credits; both of these notes were payable to the appellant.
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Appeal from Galveston. Tried below before the Hon. Peter W. Gray. In this case, two suits, (which were subsequently consolidated,) were commenced by the appellant, against the appellees, Johnston & Dewbury, one on a .note of the appellees, due March 1st, 1854, for $11,721.69, upon which were sundry credits; the other, on a note of the appellees, due March 1st, 1855, for $8800, without credits; both of these notes were payable to the appellant. The appellees pleaded, (among other matters, not necessary to be noticed,) that the notes sued on, and another note for $12,000, due March 1st, 1853,…
1Opinion of the CourtBell, J.
The commission business is the creature of agriculture and commerce, and has grown up in all the great centres of trade throughout the United States. The commission merchant finds his proper and necessary place between the farmer or planter, who tills the soil, and produces crops, and those by whom the productions of the earth are manufactured or consumed. To state that this kind of business is necessary to agriculture and commerce, is at the same time to state that the laws of the country extend their protection to it. The most enlightened courts of the Union have adjudged, that the…
2Cases cited2 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Hutchinson v. HosmerSupreme Court of Connecticut · 1817
3Cited by17 opinions
- Tanner Development Co. v. FergusonTexas Supreme Court · 1977
- Bothwell v. Farmers & Merchants State Bank & Trust Co.Texas Supreme Court · 1930
- Lewis v. AlexanderTexas Supreme Court · 1879
- De Leon v. Manuel Trevino & Bro.Texas Supreme Court · 1878
- Miner v. Paris Exchange BankTexas Supreme Court · 1880
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