Legal Opinion

Sergeant v. Goldsmith Dry Goods Co.

Texas Supreme Court

Decided April 28, 1920No. 2593PublishedCited by 36 opinions

Questions certified from the court of Civil Appeals for the Fifth District, in an appeal from Dallas County. . The appeal of Sergeant as receiver from a judgment sustaining a demurrer to his petition resulted in a reversal and remand by the Court of Civil Appeals, 159 S. W., 1036.' On motion for a new trial and to certify the questions to the Supreme Court the latter motion was granted, the former being held undetermined to await the answers of the Supreme Court.

1Opinion of the CourtChief Justice Phillips

The certificate of the honorable Court of Civil Appeals may be thus summarized:

The suit was by the appellant as the duly appointed and acting receiver of the Commercial Underwriters of San Antonio and as trustee for certain creditors of that concern, a voluntary unincorporated association for the protection of its membership against loss by fire, against thirteen hundred of its members, seeking to enforce liability in favor of (1) members of the association with claims for losses by fire under policies issued in their favor; (2) creditors of

the association for services rendered or supplies…

2Cases cited7 opinions

  1. Lewis v. TiltonSupreme Court of Iowa · 1884
  2. Davison v. HoldenSupreme Court of Connecticut · 1887
  3. Brown v. StoerkelMichigan Supreme Court · 1889
  4. Burt v. LathropMichigan Supreme Court · 1883
  5. Branagan v. BuckmanNew York Supreme Court · 1910

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3Cited by36 opinions

  1. Thompson v. SchmittTexas Supreme Court · 1925
  2. McCamey v. Hollister Oil Co.Court of Appeals of Texas · 1922
  3. Merchants' & Manufacturers' Lloyd's Ins. Exch. v. Southern Trading Co. of TexasTexas Commission of Appeals · 1921
  4. Wells v. MacKay Telegraph-Cable Co.Court of Appeals of Texas · 1921
  5. Mann v. FenderCourt of Appeals of Texas · 1979

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