H. L. Stone & Co. v. Taylor
Texas Supreme Court
Error from Calhoun. Tried below before the Hon. Fielding Jones. H. L. Stone and J. A. Roberts, composing the firm of H. L. Stone & Co., of New Orleans, instituted this suit against the appellee in the District Court of Calhoun county, on the 18th of January, 1855. " Their original and amended petitions alleged them ownership of the schooner “Washington,” and charged the defendant with the wrongful detention of the vessel, as her master or captain, and with his failure and…
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Error from Calhoun. Tried below before the Hon. Fielding Jones. H. L. Stone and J. A. Roberts, composing the firm of H. L. Stone & Co., of New Orleans, instituted this suit against the appellee in the District Court of Calhoun county, on the 18th of January, 1855. " Their original and amended petitions alleged them ownership of the schooner “Washington,” and charged the defendant with the wrongful detention of the vessel, as her master or captain, and with his failure and refusal to account" for the earnings of the vessel. Having also made appropriate averments and sworn to the petition, they…
1Opinion of the CourtMoore, J.
In such suits as the present, from the necessity of the case, the' utmost liberality consistent with the rules of law and the nature of the proceeding, will be indulged in favor of the admissibility of evidence. In the adjustment of accounts between parties, in cases like this, it is obvious that many items cannot, ordinarily, be established with entire certainty by the evidence of disinterested witnesses. If there were no exception to the general rule of the common law, in this particular, there would often be a failure of testimony. From the insignificance of many of the transactions, they…
2Cited by2 opinions
- L. C. Cunningham & Co. v. PerkinsTexas Supreme Court · 1866
- Randle v. BardenCourt of Appeals of Texas · 1914