Latham v. Pledger
Texas Supreme Court
Error from Matagorda. This is an action to recover from the defendant in error the sum of three hundred and sixty-six dollars and sixty-six cents, on account of goods, wares and merchandize, alleged to have been sold to her through her son, and agent, Wm.
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Error from Matagorda. This is an action to recover from the defendant in error the sum of three hundred and sixty-six dollars and sixty-six cents, on account of goods, wares and merchandize, alleged to have been sold to her through her son, and agent, Wm. Pledger; the account running from July, 1850 to February, 1851. It is averred that the goods were for the use of defendant, and for the benefit of her family and negro slaves; and that she refuses payment of the sum which they are reasonably worth, though the same has long since been due. The plaintiff then alleges that the defendant,…
1Opinion of the Court
Hemphill, Ch. J.
We are of opinion that there was no error in excluding the deposition refused, and also the representations of Wm. Pledger, as to his agency on behalf of his mother, the defendant. From the allegations of the petition, and the evidence of Betts, it appears that the credit for the goods was extended to William Pledger personally, and not to him as agent of his mother. The fact of there being such agency, or any pretensions to such agency, was not known to plaintiff or his agent, until the close of the year, when he was apprised by Wm. Pledger himself, that such agency existed,…
2Cases cited2 opinions
- United States v. Brig BurdettSupreme Court of the United States · 1835
- Tomlinson v. CollettIndiana Supreme Court · 1834
3Cited by14 opinions
- Cannel Coal Co. v. LunaCourt of Appeals of Texas · 1912
- Wright v. DohertyTexas Supreme Court · 1878
- Naylor v. ParkerCourt of Appeals of Texas · 1911
- Park v. SullivanCourt of Appeals of Texas · 1928
- Clift v. DunnCourt of Appeals of Texas · 1972
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