Poole v. H. & T. C. R'y Co.
Texas Supreme Court
Error from Falls. Tried below before the Hon. D. M. Prendergast. Poole brought this suit January 5, 1875, against the railroad company, J. L. Scott and La Prelle & Bro. (The latter were dismissed on the ground of insolvency.) The case as made was in effect this: Poole, a merchant in Galveston, sold to La Prelle & Bro., merchants at Marlin, thirteen cases of boots and shoes, November 23, 1874, on a credit of ninety days.
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Error from Falls. Tried below before the Hon. D. M. Prendergast. Poole brought this suit January 5, 1875, against the railroad company, J. L. Scott and La Prelle & Bro. (The latter were dismissed on the ground of insolvency.) The case as made was in effect this: Poole, a merchant in Galveston, sold to La Prelle & Bro., merchants at Marlin, thirteen cases of boots and shoes, November 23, 1874, on a credit of ninety days. On that and the next day the goods were shipped; and on the morning of the 25th, two days after the sale, Poole, ascertaining that the La Prelles were insolvent, immediately…
1Opinion of the Court
Watts, J. Com. App.
That part of the charge of the court regarding the liability of the appellee Scott is objected to by appellant as erroneous. The evidence disclosed by the record unmistakably shows that after appellant had given notice to the station agent at Marlin of the stoppage m transitu, that the La Prelies made a fraudulent assignment of the bill of lading to Scott, and at the same time gave him a written order on the station agent at Hearne for the goods. Armed with these, Scott intercepted the shipment at Hearne, obtained possession of the goods, effaced from the boxes the name of…
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