Thompson v. Schmitt

Certified questions from the Honorable Court of Civil Appeals of the Ninth Supreme Judicial District of Texas, in an appeal from the County Court of Harris County.

The facts to be considered in determining the questions certified to the Supreme Court may be briefly stated as follows:

Appellees sued appellant as the holder of certificates of beneficial interest in the Dixie Co-Operative Mail Order House, an association operating in this State under a declaration of trust, to recover the amount of a verified account for goods sold the house or the trustees thereof.

Appellant denied under oath that…