White v. Leavitt
Texas Supreme Court
Appeal from Victoria. Tried below before the Hon. Fielding Jones. The appellee, in August, 1855, commenced this suit against S. A. White and James Ashworth, late partners under the name of S. A. White & Co., merchants doing a receiving, forwarding and commission business at Indianola.
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Appeal from Victoria. Tried below before the Hon. Fielding Jones. The appellee, in August, 1855, commenced this suit against S. A. White and James Ashworth, late partners under the name of S. A. White & Co., merchants doing a receiving, forwarding and commission business at Indianola. The petition alleged that in 1851 plaintiff placed in the hands of White & Co., a quantity of flour and an iron safe, which flour the defendants sold and appropriated to their own use; that plaintiff hired or rented the iron safe to the defendants, and that the defendants sold and converted to their own use the…
1Opinion of the CourtRoberts, J.
This is an action for the recovery of the value of certain goods, consigned by appellee to White & Co. for sale, &e., which have never been accounted for. The proof is made out sufficiently to sustain the action, in accordance with the verdict of the jury.
The objections taken by appellant to the letters of White & Co,, because they furnish evidence of a cause of action, apparently barred by the statute of limitations, is not tenable, that not being the proper time or manner of raising such a question.
The proof shows that the goods were held and disposed of by White & Co., in trust for…
2Cited by3 opinions
- Bacon v. RivesSupreme Court of the United States · 1882
- Booth v. StripplemanTexas Supreme Court · 1884
- Geo. W. Armstrong & Co. v. WaggomanCourt of Appeals of Texas · 1922