Burnley v. Rice, Adams & Co.
Texas Supreme Court
Appeal from Brazoria. Tried below before the Hon. J. H. Bell. Bice & Adams, merchants in Galveston, doing business under the name of Bice, Adams & Co., made advances and furnished supplies, to a large amount, to Love & Burnley, partners in the ownership and cultivation of a plantation in Brazoria county—the advances and supplies being for the use and benefit of the plantation.
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Appeal from Brazoria. Tried below before the Hon. J. H. Bell. Bice & Adams, merchants in Galveston, doing business under the name of Bice, Adams & Co., made advances and furnished supplies, to a large amount, to Love & Burnley, partners in the ownership and cultivation of a plantation in Brazoria county—the advances and supplies being for the use and benefit of the plantation. For the security of Bice, Adams & Co., Love executed a deed of trust on his half interest in the plantation, and also for himself and Burnley executed a "mortgage on the crops to be grown on the plantation, as well as…
1Opinion of the CourtWheeler, J.
The complainant bases his right to relief upon two grounds ; 1st. Newly discovered evidence ; 2nd. Fraud in obtaining the judgment.
In respect to the first ground, it might be a question whether the newly discovered evidence was not cumulative. Its object was to prove that this party was not liable to be charged in the original suit as a co-partner with Love, hisco defendant therein ; that the latter had no authority to bind him for the advances made by the plaintiffs. That was the main question at issue, to which the evidence was directed upon the trial. (3 Gr. & W. on N. Trials, 1046, 1052,…
2Cases cited1 opinion
- Ocean Ins. v. FieldsU.S. Circuit Court for the District of Massachusetts · 1841
3Cited by29 opinions
- Johnson v. TempletonTexas Supreme Court · 1883
- Nichols v. DibrellTexas Supreme Court · 1884
- Gehret v. HetkesTexas Commission of Appeals · 1931
- State v. WilliamsWest Virginia Supreme Court · 1878
- St. Paul Fire & Marine Ins. v. EarnestCourt of Appeals of Texas · 1927
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