Cothran v. Marmaduke & Brown
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. R. R. Gaines. Appellees brought this suit against the firm of J. & D. Caviness and J. J. Cothran, in 1875, to recover on an account for goods sold and delivered by appellees to a certain firm alleged to have been composed of J. & D. Caviness and (appellant) J. J. Cothran.
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Appeal from Lamar. Tried below before the Hon. R. R. Gaines. Appellees brought this suit against the firm of J. & D. Caviness and J. J. Cothran, in 1875, to recover on an account for goods sold and delivered by appellees to a certain firm alleged to have been composed of J. & D. Caviness and (appellant) J. J. Cothran. They also declared upon and attached to their pleading the drafts which they alleged to have been drawn by the firm, and paid by appellees at their request; that the drafts had been drawn by the firm of Caviness & Cothran against shipments of cotton, wool, etc., made by said…
1Opinion of the Court
Watts, J. Com. App.
Upon the trial the court instructed the jury that, “ If defendant loaned or advanced money to J. & D. Oaviness to be used in the purchase and sale of cotton, hides, etc., and was to receive a part of the profits of the business as a consideration for such loan or advance, I instruct you that he was a partner, but if, on the other hand, he was to receive a fixed sum from the profits of the business as a compensation for the use of his money, he was not a partner.”
Appellant insists that the court erred in the criterion furnished for the purpose of determining whether or not…
2Cases cited6 opinions
- Chester v. . DickersonNew York Court of Appeals · 1873
- Leggett v. . HydeNew York Court of Appeals · 1874
- Manhattan Brass & Manufacturing Co. v. SearsNew York Court of Appeals · 1871
- Lengle v. SmithSupreme Court of Missouri · 1871
- Parker v. CanfieldSupreme Court of Connecticut · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Buzar v. First National Bank of GreenvilleTexas Supreme Court · 1886
- Freeman v. Huttig Sash & Door Co.Texas Supreme Court · 1913
- Fink v. BrownTexas Commission of Appeals · 1919
- Davis v. GilmoreCourt of Appeals of Texas · 1951
- Gardner v. WesnerCourt of Appeals of Texas · 1932
39 more not listed; retrieve them via the Exa API.