Grooms v. Rust
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. George W. Smith. Suit by the appellee against the appellant, brought December 21st, 1858. In his original petition, the plaintiff alleged that he had hired to the defendant, for the years 1855 and 1856, a negro boy named Bob, at the rate of $180 per annum.
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Appeal from Travis. Tried below before the Hon. George W. Smith. Suit by the appellee against the appellant, brought December 21st, 1858. In his original petition, the plaintiff alleged that he had hired to the defendant, for the years 1855 and 1856, a negro boy named Bob, at the rate of $180 per annum. By an amended petition, filed December 10th, 1859, the plaintiff averred a hiring by the defendant, and that the defendant had the use and service of the boy Bob during the year 1855 and 1856, which were of the value of $250 per annum. The defendant excepted, and among his causes of exception…
1Opinion of the CourtMoore, J.
The possession of personal property is prima facie evidence of title, and will, assuredly, support an action for its recovery against a wrong doer. In cases of bailment for hire, the question of title is not usually a matter of importance; the bailee can not resist an enforcement of the contract merely by proof that the title of the property was not at the time of the hiring in the bailor. To enable him to do so, he must not only shew that the bailor was wanting in title, but also that he had no right to the possession of the property bailed, or such facts as establish a, failure of the…
2Cited by27 opinions
- Carl v. SettegastTexas Commission of Appeals · 1922
- McKinney v. CroanTexas Supreme Court · 1945
- East Line & Red River Railroad v. GarrettTexas Supreme Court · 1879
- Miller v. YturriaTexas Supreme Court · 1888
- Brotherton v. WeathersbyTexas Supreme Court · 1889
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