Ford v. McBryde
Texas Supreme Court
Appeal from Karnes. Tried below before the Hon. Daniel D. Claiborne. Duncan McBryde sued H. D. Ford and Gr. W. Brown, alleging that in March, 1871, plaintiff, at Ford’s request, loaned him §2,500 coin, upon the verbal agreement that plaintiff was to advance said sum to Ford as a loan, to be used by Ford in purchasing a drove of beef cattle for the Kansas markets, the drove to consist of six hundred head, Ford, upon the sale, to return the money advanced, and, in lieu of…
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Appeal from Karnes. Tried below before the Hon. Daniel D. Claiborne. Duncan McBryde sued H. D. Ford and Gr. W. Brown, alleging that in March, 1871, plaintiff, at Ford’s request, loaned him §2,500 coin, upon the verbal agreement that plaintiff was to advance said sum to Ford as a loan, to be used by Ford in purchasing a drove of beef cattle for the Kansas markets, the drove to consist of six hundred head, Ford, upon the sale, to return the money advanced, and, in lieu of interest, to pay the one half of the net profits upon half of the drove, Ford, however, to receive no wages for Ms own…
1Opinion of the Court
Moore, Associate Justice.
The instructions of the court to the jury, as well as the charge given at the request of the appellee, are, to some extent, subject to criticism for want of clearness in expressing the legal proposition they were undoubtedly intended to embody. This, probably, arises in a great degree, especially in the charge given at the request of appellee, from a slight inaccuracy in the copy of it in the transcript, or through mistake in the hurry and confusion of the trial in the court below, in writing the word “ than ” instead of “ that,” which was evidently the word intended…
2Cited by4 opinions
- Thompson v. Galveston, Harrisburg & San Antonio Railway Co.Court of Appeals of Texas · 1907
- Taylor v. CallawayCourt of Appeals of Texas · 1894
- Atchison, Topeka & Santa Fe Railway Co. v. ClickCourt of Appeals of Texas · 1893
- Mann. Mauck & Stephens v. Clapp & BrownCourt of Appeals of Texas · 1877