Harris v. Leavitt
Texas Supreme Court
Appeal from Galveston. Tried before the Hon. Nelson H. Hunger. Harris & Lacy filed their petition in the District Court of Galveston county, alleging that plaintiffs, being merchants residing and trading in New Orleans, La., sold and delivered for cash payable on immediate demand, on the 5th day of that month, to Palmer & Luce, (also merchants residing in New Orleans at the time of the sale,) 171 barrels of flour, at the rate of §4 65 per barrel; that Palmer & Luce, having…
Read the full summary
Appeal from Galveston. Tried before the Hon. Nelson H. Hunger. Harris & Lacy filed their petition in the District Court of Galveston county, alleging that plaintiffs, being merchants residing and trading in New Orleans, La., sold and delivered for cash payable on immediate demand, on the 5th day of that month, to Palmer & Luce, (also merchants residing in New Orleans at the time of the sale,) 171 barrels of flour, at the rate of §4 65 per barrel; that Palmer & Luce, having obtained possession of the flour by promising to pay for it on delivery, failed and refused to pay for it, but…
1Opinion of the CourtLipscomb, J.
The error assigned is the rejection by the Court below, of evidence offered by the appellants, who were plaintiffs in the suit. The bill of exceptions, taken by the plaintiffs and allowed and signed by the Court, shows “ That “ the plaintiffs offered in evidence the answers of • Palmer, to “ the interrogatories annexed to the petition, and also the de- “ position of said Palmer, taken by the plaintiffs, on commis- “ sion, which were objected to by the defendant's counsel and “ excluded by the Court; to which ruling and decision plain- “ tiffs excepted. The plaintiffs then further offered the…
2Cited by3 opinions
- Watson v. Miller Bros.Texas Supreme Court · 1891
- Baker v. Farmers' Welfare UnionCourt of Appeals of Texas · 1927
- Brandon v. McNellyTexas Supreme Court · 1875