Kauffman v. Beasley
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Suit by Beasley, the appellee, against the appellant, Kauffman, and Dublé & Wooters, cotton and wool factors and general commission merchants, to recover forty bales of cotton, or their value, shipped to his factors, Dublé & Wooters, to sell in the city of Galveston, and to recover and account for the proceeds to him.
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Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Suit by Beasley, the appellee, against the appellant, Kauffman, and Dublé & Wooters, cotton and wool factors and general commission merchants, to recover forty bales of cotton, or their value, shipped to his factors, Dublé & Wooters, to sell in the city of Galveston, and to recover and account for the proceeds to him. Plaintiff charged that his said factors, unlawfully and fraudulently combining with Kauffman, delivered to him the cotton in controversy; that Dublé & Wooters did not sell the cotton to Kauffman, nor deliver it…
1Opinion of the Court
Moore, Chief Justice.
It is, we think, well settled that cotton factors and general commission merchants in *568Galveston, such as Dublé & Wooters, had no authority as such by law, or by any usage or custom of trade shown in the record, to deal with cotton consigned to them, otherwise than by its sale for cash in Galveston. They had no authority to sell upon credit cotton of their principals, entrusted to them for sale, orto dispose of it in the way of barter, or to-entrust its sale to others, or to pledge it as a security for an advance of money to themselves, or to ship it to a foreign market,…
2Cited by8 opinions
- Wootters v. KauffmanTexas Supreme Court · 1887
- Barnes Safe & Lock Co. v. Bloch Bros. Tobacco Co.West Virginia Supreme Court · 1893
- Burke v. FryeNebraska Supreme Court · 1895
- Gadsden County Tobacco Co. v. CorrySupreme Court of Florida · 1931
- Nahm v. J. R. Fleming & Co.Court of Appeals of Texas · 1938
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