Legal Opinion

Smith-Calhoun Rubber Co. v. McGhee Rubber Co.

Court of Appeals of Texas

Decided November 5, 1921No. 8662PublishedCited by 10 opinions

Appeal from District Court, Dallas County ; W. F. Whitehurst, Judge. Suit by the McGhee Rubber Company and others against the Smith-Calhoun Rubber Company. From order overruling motion to vacate the appointment of a receiver, defendant appeals.

1Opinion of the CourtHamilton, J.

This is an appeal from an interlocutory order of the trial court overruling a motion to vacate the appointment of a receiver.

Suit was instituted by appellees upon a petition alleging the sale by McGhee Rubber Company, a corporation domiciled in Dallas, of a stock of merchandise and fixtures located in Port Worth to Smith-Calhoun Rubber Company, a partnership; the consideration being the execution and delivery of six promissory notes, aggregating $30,000. The notes, it was alleged, each contained a provision for accelerated maturity of all of them upon failure to pay any one at its maturity,…

2Cases cited7 opinions

  1. Gates v. HooperTexas Supreme Court · 1897
  2. Escalle v. MarkNevada Supreme Court · 1919
  3. McGreenery v. MurphySupreme Court of New Hampshire · 1912
  4. Taylor v. FoldsCourt of Appeals of Georgia · 1907
  5. Dannel v. Sherman Transfer Co.Court of Appeals of Texas · 1919

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3Cited by10 opinions

  1. Morrison v. SewellCourt of Appeals of Texas · 1927
  2. Langever v. United Advertising Corp.Court of Appeals of Texas · 1924
  3. Watkins v. AngusMichigan Supreme Court · 1928
  4. Freedman & Mellinger v. MaierCourt of Appeals of Texas · 1922
  5. Midland Shoe Co. v. A. L. & K. Dry Goods Co.Court of Appeals of Texas · 1926

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