Converse & Co. v. McKee
Texas Supreme Court
Appeal from Harris. The bill of exceptions read as follows: “ Also, the claimant offered to prove by said Bailey, that a writing shown to him,” &c., (same as in the second paragraph of the syllabus of this report.) The balance sheet showed a balance in favor of the partnership, of $3,253, not including claims to the amount of $831 26 marked doubtful, nor an item entered, “By railroad orders not above $140 10.” Among the claims considered good was one against Bailey for…
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Appeal from Harris. The bill of exceptions read as follows: “ Also, the claimant offered to prove by said Bailey, that a writing shown to him,” &c., (same as in the second paragraph of the syllabus of this report.) The balance sheet showed a balance in favor of the partnership, of $3,253, not including claims to the amount of $831 26 marked doubtful, nor an item entered, “By railroad orders not above $140 10.” Among the claims considered good was one against Bailey for $2,229 16, which, according to the testimony, was made up by assumptions on the part of Bailey & McKee, of individual debts…
1Opinion of the Court
Lipscomb. J.
The appellants were plaintiffs in an execution against Bailey & McCown. The execution was levied upon a stock of goods in the store of Bailey & McKee. The latter, Jethro McKee, interposed a claim to the goods, so levied on, and gave bond under the statute, and tiñere was a trial of the right of property on an issue made up between the plaintiffs in execution and the claimant; which was found by the jury in favor of the claimant. The plaintiffs appealed. The first error assigned, is the overruling the objection to the competency as a witness, of Bailey, the defendant in the…
2Cited by16 opinions
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- McManus v. Cash & LuckelTexas Supreme Court · 1908
- Metropolitan National Bank v. Commercial State BankSupreme Court of Iowa · 1898
- Edwards v. DicksonTexas Supreme Court · 1886
- Robinson v. DavenportTexas Supreme Court · 1874
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