Sessums v. Henry
Texas Supreme Court
Appeal from Galveston. Tried below before tlie Hon. A. P. McCormick. Suit was brought by appellees against Brooks, who is charged with having held himself out to them as the principal in the purchase of cotton, and having signed the draft given in part payment of said purchase in his own name. A. Sessums & Co. were also sued as subsequently discovered principals, and charged with the execution of the draft by Brooks as their agent in the terms of the statute.
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Appeal from Galveston. Tried below before tlie Hon. A. P. McCormick. Suit was brought by appellees against Brooks, who is charged with having held himself out to them as the principal in the purchase of cotton, and having signed the draft given in part payment of said purchase in his own name. A. Sessums & Co. were also sued as subsequently discovered principals, and charged with the execution of the draft by Brooks as their agent in the terms of the statute. To this defendants filed answer and amended answers, and plea of non-est factum by Sessums & Co., not sworn to, and a plea of accord…
1Opinion of the CourtOgden, J.
This suit was instituted against all the appellants upon a draft drawn by S. H. Brooks on Sessums ■& Co. in favor of J. R. Henry, one of the appellees. The petition alleges in substance, that though the draft was executed by Brooks in his individual capacity, yet that it was given in part payment for the purchase money of a certain lot of cotton which was purchased for and on account of all the defendants below. And it charges all as the makers of the draft sued on, and seeks to hold all liable as such makers. There can be no doubt that where one person, acting in the capacity of agent or…
2Cases cited2 opinions
- Reid v. ReidTexas Supreme Court · 1854
- Prince v. ThompsonTexas Supreme Court · 1858
3Cited by10 opinions
- Atkinson v. Jackson Bros.Court of Appeals of Texas · 1923
- S. A. & A. P. R'y Co. v. WilsonCourt of Appeals of Texas · 1892
- Bolan v. WratherCourt of Appeals of Texas · 1922
- New York Life Insurance v. MartindaleSupreme Court of Kansas · 1907
- Owen v. KingCourt of Appeals of Texas · 1935
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