Neill v. Newton
Texas Supreme Court
Error from Guadalupe. Tried below before the Hon. Alexander W. Terrell. This was a suit by J. H. Newton, the defendant in error, against Andrew Neill, for the amount collected by him for the defendant in error, on certain promissory notes; and for vindictive damages, for his failure to pay over the same. There was a verdict and judgment in favor of the defendant in error, for $112 for his debt, and $100 for damages. The facts are stated in the opinion.
1Opinion of the CourtBell, J.
This suit was instituted' by Newton against Neill. The petition alleged, that Neill received from Newton certain notes, on one Oallihan, for collection. The petition nowhere alleges that Neill is an attorney at law, or that the relation of attorney and client existed between the parties. The petition states that “the said Andrew Neill has long since collected the money from the said Oallihan, and, as your petitioner believes, has fraudulently appropriated it to his own use, for though repeatedly called upon by your petitioner to pay over the same, he has wholly failed to account for the same,…
2Cited by18 opinions
- G., C. & S. F. R'y Co. v. LevyTexas Supreme Court · 1883
- Anding v. PerkinsTexas Supreme Court · 1867
- Baines v. Mensing Bros. & Co.Court of Appeals of Texas · 1889
- Cone v. LewisTexas Supreme Court · 1885
- McCamant v. McCamantCourt of Appeals of Texas · 1916
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