Gainesville National Bank v. Bamberger, Bloom & Co.
Texas Supreme Court
Appeal from Cooke. Tried below before Hon. F. E. Piner. On the 5th day of August, 1887, the Gainesville National Bank and other creditors of Goldstein & Melasky sued out and had levied writs of attachment upon the entire stock of dry goods belonging to said Gold-stein & Melasky, they being at said time merchants doing business in Gainesville.
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Appeal from Cooke. Tried below before Hon. F. E. Piner. On the 5th day of August, 1887, the Gainesville National Bank and other creditors of Goldstein & Melasky sued out and had levied writs of attachment upon the entire stock of dry goods belonging to said Gold-stein & Melasky, they being at said time merchants doing business in Gainesville. After the inventory had been taken and other attachments run on the stock, the appellees, on the 30th day of August, 1887, filed their claim, affidavit, and bond to try the right of property to a portion of said stock of goods described in said…
1Opinion of the Court
HOBBY, Judge.
—Two well defined issues were submitted and litigated in this action of the trial of the right of property.
The appellees Bamberger, Bloom & Co., who were claimants of the property attached by appellants, contend, first, that in the spring of 1887 Goldstein & Melasky, who were the defendants in attachment, purchased the goods in controversy from them, and that the sale was made by them upon the faith of the representations of said- Goldstein & Melasky as to their financial standing and solvency communicated to Dun’s Mercantile Agency, of Hew York, in August, 1886. That appellees…
2Cases cited2 opinions
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