Moore v. H. Seay & Co.
Court of Appeals of Texas
Appeal from District Court, Hopkins County; Win. Peirson, Judge. Suit by H. Seay & Co. against W. D. Moore and others. Judgment for plaintiff, and defendants appeal.
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Appeal from District Court, Hopkins County; Win. Peirson, Judge. Suit by H. Seay & Co. against W. D. Moore and others. Judgment for plaintiff, and defendants appeal. This was a suit by appellees H. Seay & Co., a copartnership, against C. B. Lynch and appellant W. D. Moore, alleged to be partners under the name of “Moore & Lynch,” to recover $4,977.71, which appellees claimed said Moore and Lynch owed them by the terms of a contract covering the purchase by the former of the latter, “on consignment,” of 300 bales of cotton, and against appellant the Como State Bank, a corporation under the…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). The principal contention presented by the assignments, and the only one it will be necessary to state, is that it appeared from the allegations in Seay & Co.’s petition and from the testimony that the contract be-, tween them and Moore was a gambling transaction and therefore not enforceable. As supporting the contention, Moore and the appellant bank rely on Burney v. Blanks, 136 S. W. 806, and Wolfe v. Andrews, 192 S. W. 268; while Seay & Co. rely on Heidenheimer v. Cleveland, 17 S. W. 524, and Smith v. Duncan (Com. App.) 209 S. W. 140, as supporting a…
2Cases cited5 opinions
- Cleveland & Cameron v. HeidenheimerTexas Supreme Court · 1898
- Burney v. BlanksCourt of Appeals of Texas · 1911
- Smith v. DuncanTexas Commission of Appeals · 1919
- Heidenheimer v. Cleveland & CameronCourt of Appeals of Texas · 1895
- Southern Pac. Co. v. EvansCourt of Appeals of Texas · 1917
3Cited by3 opinions
- South Carolina Cotton Growers' Co-Op. Ass'n v. WeilSupreme Court of Alabama · 1929
- Furrh v. Western Union Telegraph Co.Texas Supreme Court · 1925
- Furrh v. Western Union Telegraph Co.Texas Supreme Court · 1925