Legal Opinion

Kell Milling Co. v. Bank of Miami

Court of Appeals of Texas

Decided March 1, 1913Published

Appeal from Roberts County Court; J. E. McKinney, Judge. Action by the Bank of Miami against the Kell Milling Company and others, From a judgment for plaintiff, defendant named appeals.

1Opinion of the CourtHendricks, J.

This is a suit instituted by the Bank of Miami, a banking copartnership, against the Kell Milling Company, a corporation, and S. M. Bird. S. M. Bird, with one D. B. Darby, constituted the Chillicothe Grain Company, which had entered, into an agreement with the Kell Milling Company, by virtue of which S. M. Bird was to buy grain at Miami, Roberts county, Tex., and ship it to the Kell Milling Company, at Vernon, Tex., which company was to finance the buying of the same and elevate it in their elevator at Vernon. Under this agreement, a certain amount of grain was purchased by Bird, during the…

2Cases cited4 opinions

  1. Houston Rice Milling Co. v. Wilcox & SwinneyCourt of Appeals of Texas · 1907
  2. Provident National Bank v. C. D. Hartnett Co.Texas Supreme Court · 1906
  3. Turner v. BrooksCourt of Appeals of Texas · 1893
  4. Dixon v. StateCourt of Criminal Appeals of Texas · 1906

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