Broussard v. South Texas Rice Company
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Jefferson County. The rice company sued Broussard and others, rice millers, for the value of their property destroyed by fire in defendants’ hands. Plaintiffs recovered judgment. Defendants appealed, and on affirmance obtained writ of error.
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Error to the Court of Civil Appeals for the Fourth District, in an appeal from Jefferson County. The rice company sued Broussard and others, rice millers, for the value of their property destroyed by fire in defendants’ hands. Plaintiffs recovered judgment. Defendants appealed, and on affirmance obtained writ of error. Plaintiff’s claim for recovery was based on the issue of the existence of a contract by defendants to insure for full value, implied (1) - from the course of dealing between the parties, or (2) from the general custom of rice millers in that locality. The jury found for…
1Opinion of the CourtChief Justice Gaines
This suit was brought by defendant in error, the South Texas Rice Company, a corporation organized for the purpose of growing rice, against J. E. Broussard and others, his associates in the business of milling rice, to recover of the defendants the value of 1315 sacks of rice,. which had been destroyed by fire while in the possession of defendants. The defense was that while the rice had been placed with the defendants for the purpose of being milled, that defendants had for the purpose of their own protection charged two cents per sack for the protection of their interest in the rice upon…
2Cases cited3 opinions
- Thorne v. DeasNew York Supreme Court · 1809
- Shoenfeld v. FleisherIllinois Supreme Court · 1874
- Area v. MillikenSupreme Court of Louisiana · 1883
3Cited by7 opinions
- Burd v. San Antonio Southern Ry. Co.Texas Commission of Appeals · 1924
- Blalack v. JohnsonCourt of Appeals of Texas · 1956
- Edwards v. Cleveland Mill & Power Co.Supreme Court of North Carolina · 1927
- Nashville, Chattanooga & St. Louis Railway v. Truitt Co.Court of Appeals of Georgia · 1915
- Wilson v. PlaceCourt of Appeals of Texas · 1927
2 more not listed; retrieve them via the Exa API.