Fox & Bro. v. Willis & Bro.
Texas Supreme Court
Appeal from Navarro. Tried below before the Hon. L. D. Bradley. During the summer of 1881, E. M. Ewing, a merchant, then residing in Blooming Grove, Navarro county, Texas, fifteen miles west of Corsicana, was approached by an agent of appellees to sell him goods, to be delivered in the future. The goods were bought on time.
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Appeal from Navarro. Tried below before the Hon. L. D. Bradley. During the summer of 1881, E. M. Ewing, a merchant, then residing in Blooming Grove, Navarro county, Texas, fifteen miles west of Corsicana, was approached by an agent of appellees to sell him goods, to be delivered in the future. The goods were bought on time. In September the goods were shipped to E. M. Ewing at Corsicana, and were received by A. Fox & Bro. on the order of Ewing and taken to their store-house in Corsicana and there held. At this time Ewing was indebted to Fox & Bro. about $2,000. Fox & Bro. were dry goods…
1Opinion of the Court
West, Associate Justice.
The action of the district court in permitting the witness Hutchins to detail the conversation between himself and the insolvent vendee, notwithstanding the objections interposed by the appellants at the time, was error, and was calculated, under the circumstances of this particular case, to seriously prejudice the rights of the appellants in reference to the main issues then before the jury.
The appellants were not present when it occurred, were entire strangers to It, and could no more, under the circumstances, be affected by it than they could by the remarks of any…
2Cases cited9 opinions
- Whitman v. J. P. Willis & Bro.Texas Supreme Court · 1879
- Crippen v. . MorssNew York Court of Appeals · 1872
- Chandler v. FultonTexas Supreme Court · 1853
- Moore v. GammelTexas Supreme Court · 1854
- Carleton, Clark & Co. v. BaldwinTexas Supreme Court · 1864
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- C. H. Allyn & Co. v. P. J. Willis & Bro.Texas Supreme Court · 1885
- Marrett v. HerringtonCourt of Appeals of Texas · 1912
- Oherbonnier v. ShirleyCourt of Appeals of Texas · 1916