Legal Opinion

Scott Co. v. O. D. Mann Sons

Court of Appeals of Texas

Decided November 15, 1916No. 5687PublishedCited by 1 opinion

Appeal from McCulloch County Court; G. A. Walters, Special Judge. Suit by O. D. Mann & Sons and others against Scott & Co. Prom a judgment for plaintiffs, defendants appeal.

1Opinion of the CourtKey, C. J.

O. D. Mann & Sons brought this suit in a justice of the peace court, seeking to recover upon a promissory note, and to foreclose a chattel mortgage given to secure the note. They described themselves as a corporation, and obtained a judgment in that capacity. The defendants appealed the case to the county court, where the plaintiffs were permitted to amend their pleading by alleging that they were not a corporation, but a partnership, consisting of J. T. and O. Duke Mann. They further alleged that their business had formerly been incorporated under the name of O. D. Mann & Sons, and that the…

2Cases cited5 opinions

  1. Rector v. Orange Rice Mill Co.Texas Supreme Court · 1907
  2. Amarillo Commercial Co. v. Chicago, R. I. & G. Ry. Co.Court of Appeals of Texas · 1911
  3. Chicago, R. I. & G. Ry. Co. v. ScottCourt of Appeals of Texas · 1912
  4. Freeman v. W. B. Walker & SonsCourt of Appeals of Texas · 1915
  5. Grayson v. HollingsworthCourt of Appeals of Texas · 1912

3Cited by1 opinion

  1. Cox v. Chamberlin Metal Weather Strip Co.Court of Appeals of Texas · 1940

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