Hines v. First Guaranty State Bank of Aubrey
Court of Appeals of Texas
Error from District Court, Smith County; J. R. Warren, Judge. Suit by the Aubrey Milling Company against S. Friedlander and the receivers of two certain railway companies, in .which the First Guaranty State Bank of Aubrey intervened, setting up its ownership of the cause of action by assignment, and in which Walker D. Hines, as Director General of Railroads, was substituted as defendant for both receivers.
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Error from District Court, Smith County; J. R. Warren, Judge. Suit by the Aubrey Milling Company against S. Friedlander and the receivers of two certain railway companies, in .which the First Guaranty State Bank of Aubrey intervened, setting up its ownership of the cause of action by assignment, and in which Walker D. Hines, as Director General of Railroads, was substituted as defendant for both receivers. From a judgment for the in-tervener against Walker D. Hines, the latter brings error. The Aubrey Milling Company, a partnership, at Aubrey, Tex., contracted with S. Friedlander, of Tyler,…
1Opinion of the CourtLevy, J.
(after stating the facts as above).
The first assignment of error presents the point heretofore decided in Hines v. Mills, 218 S. W. 777, and we conclude that the assignment should be overruled.
Appellant insists that under the evidence it is not liable for the loss and damage to the meal either as a carrier or as a warehouseman, and that the court erred in rendering the judgment for the plaintiff. The following facts are to be considered as established: That S. Friedlander was admittedly authorized to act for the shippers at Tyler; that the meal reached Tyler on March 19, 1918, and that in the…
2Cases cited4 opinions
- Houston & T. C. R'y Co. v. HillTexas Supreme Court · 1885
- Hines v. MillsCourt of Appeals of Texas · 1920
- Missouri Pacific Railway Co. v. J. C. R. Haynes & Co.Texas Supreme Court · 1888
- Wichita Valley Ry. Co. v. GoldenCourt of Appeals of Texas · 1919