Fulton, Hensley & Co. v. Thompson
Texas Supreme Court
Appeal from Calhoun. Tried below before the Hon. Fielding Jones. Petition by appellee, filed December 20,1854, as follows: To the Hon. Fielding Jones, Judge, &c.
Read the full summary
Appeal from Calhoun. Tried below before the Hon. Fielding Jones. Petition by appellee, filed December 20,1854, as follows: To the Hon. Fielding Jones, Judge, &c. Tour petitioner, Robert Thompson, a citizen of Gaudalupe county, State of Texas, would respectfully represent unto your Honor, that during the year 1853, petitioner and one Matthew W. Lindsay, entered into a partnership in selling merchandise in Seguin, Texas, using, as a firm name, the name and style of “ Lindsay & Co. that during the Fall of the present year, or probably in the latter part of the summer of this year 1854, the said…
1Opinion of the CourtWheeler, J.
Our opinion of the rulings of the Court sustaining exceptions to the answer, will dispense with the necessity of considering other questions raised by the assignment of errors.
If, as alleged in the answer, to which exceptions were sustained, the purchases were effected by the deceased partner, for his firm, on credit, upon the express understanding and agreement on his part, that he would personally superintend the sale and disposition of the goods at their place of destination ; if this contract was entered into upon this assurance, trust and confidence, and this was the ground of the credit…
2Cited by10 opinions
- O'Brien v. GillelandTexas Supreme Court · 1891
- State ex rel. Richardson v. WithrowSupreme Court of Missouri · 1897
- Gulf, Western Texas & Pacific Railway Co. v. GoldmanTexas Supreme Court · 1895
- Shivel Stewart v. Greer Bros.Court of Appeals of Texas · 1909
- Earnest v. WoodleeCourt of Appeals of Texas · 1919
5 more not listed; retrieve them via the Exa API.