Legal Opinion

Converse & Co. v. McKee

Texas Supreme Court

Decided July 1, 1855PublishedCited by 16 opinions

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

  1. Danks v. RodeheaverWest Virginia Supreme Court · 1885
  2. McManus v. Cash & LuckelTexas Supreme Court · 1908
  3. Metropolitan National Bank v. Commercial State BankSupreme Court of Iowa · 1898
  4. Edwards v. DicksonTexas Supreme Court · 1886
  5. Robinson v. DavenportTexas Supreme Court · 1874

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