Shumard v. Johnson
Texas Supreme Court
Appeal from Cooke. Tried below before the Hon. F. E. Finer. This was an action upon two promissory notes. The appellee, Johnson, through his agent, A. M. Jones, conducted a grocery store.
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Appeal from Cooke. Tried below before the Hon. F. E. Finer. This was an action upon two promissory notes. The appellee, Johnson, through his agent, A. M. Jones, conducted a grocery store. He agreed to sell the stock of goods to Charles Durie, provided the title should not pass, and that the goods should remain in possession and under control of his agent, Jones, until he should be fully paid; and, on January 16, 1884, Johnson executed a bill of sale of the goods to that effect. In return, Durie executed one note for $2,000, due November 1, 1884, another for $525, due January 1, 1885, and…
1Opinion of the CourtRobertson, Associate Justice
The contract between Johnson and Durie was objected to in the court below on several grounds, but, in this court, the only complaint is that in admitting the document the court below did not inform the jury of the restricted purposes for which it was allowed. There was no request for such statement of particular uses at the time the paper was put in evidence, or in the final submission of the case to the jury. There was no error in the mere omission of tne court to qualify the admission of the contract, of its own motion, without suggestion or request of defendant.
This contract, in connection…
2Cited by24 opinions
- Wells v. HendersonCourt of Appeals of Texas · 1935
- Kelley v. Fourth of July Mining Co.Montana Supreme Court · 1895
- Blum Milling Co. v. Moore-Seaver Grain Co.Texas Commission of Appeals · 1925
- Kampmann v. CrossCourt of Appeals of Texas · 1917
- Massie v. HutchisonTexas Supreme Court · 1920
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