Missouri, Kansas & Texas Railway Co. v. McFadden Bros.
Texas Supreme Court
Error to Court of Civil Appeals for the Second District, in an appeal from Tarrant County. The suit was brought by McFadden Bros, against Martin, Wise & Fitzhugh and against Eddy & Cross, receivers of the M.,K. & T.Ry. Co., which road was also subsequently made a party defendant, to recover the value of certain cotton shipped over the road, while operated by the receivers, by said Martin, Wise & Fitzhugh, and transferred by them after shipment to plaintiffs.
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Error to Court of Civil Appeals for the Second District, in an appeal from Tarrant County. The suit was brought by McFadden Bros, against Martin, Wise & Fitzhugh and against Eddy & Cross, receivers of the M.,K. & T.Ry. Co., which road was also subsequently made a party defendant, to recover the value of certain cotton shipped over the road, while operated by the receivers, by said Martin, Wise & Fitzhugh, and transferred by them after shipment to plaintiffs. Twenty-five bales were burned while on plaintiffs’ compress platform, and eighty-two bales delivered after the fire to Martin,. Wise &…
1Opinion of the Court
GAINES, Chief
The defendants in error on the 6th day of January, 1891, instituted two suits against John Martin, W. B. Wise and Frank Fitzhugh, composing the firm of Martin, Wise: & Fitzhugh, and against Eddy and Cross as receivers of the Missouri, Kansas and Texas Railway Comjiany; one for the recovery of the value of 82 hales of'cotton and the other for the value of 25 hales. Subsequently it was agreed between the parties that the two suits should be tried as one; and thereafter the plaintiff filed an amended petition in the consolidated suits, in which they made the Missouri, Kansas and…
2Cases cited5 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Texas & Pacific Railway Co. v. GayTexas Supreme Court · 1894
- Ellis v. Vernon Ice, Light, & Water Co.Texas Supreme Court · 1893
- Texas Pacific Railway Co. v. JohnsonTexas Supreme Court · 1890
- The Texas Loan Agency v. TaylorTexas Supreme Court · 1895
3Cited by38 opinions
- Texas & P. Ry. Co. v. ShortCourt of Appeals of Texas · 1933
- Bartlett v. Cicero Light, Heat & Power Co.Illinois Supreme Court · 1898
- Bibb Broom Corn Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Minnesota · 1905
- Payne v. SnyderCourt of Appeals of Texas · 1983
- Kirby Lumber Co. v. CunninghamCourt of Appeals of Texas · 1913
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