Arkansas Fertilizer Co. v. City Nat. Bank
Court of Appeals of Texas
Appeal from Bowie County Court; Joe Hughes, Judge. Action by the Arkansas Fertilizer Company against the City National Bank. Judgment for defendant. Plaintiff appeals.
Read the full summary
Appeal from Bowie County Court; Joe Hughes, Judge. Action by the Arkansas Fertilizer Company against the City National Bank. Judgment for defendant. Plaintiff appeals. Appellant, the plaintiff below, alleged that, by the terms of a contract. attached as an exhibit to and made a part of its petition, one Owen, doing business under the name of Texarkana Grain Company, became its agent for the sale of fertilizers in Texarkana and its vicinity on the Arkansas side; that there-afterwards it delivered to Owen to sell as its agent fertilizers aggregating in value $1,554.-62; that as its agent Owen…
1Opinion of the Court
If the trial judge, when he singled out and adopted as his own the finding of the jury that the notes were placed with appellee for collection, intended to be understood as thereby setting aside the other findings of the jury, he assumed a power he did not possess. Had he been requested to do so by a proper motion filed, he might have set aside the findings as a whole and granted a new trial. But he was without power, on motion or otherwise, to set aside the findings in part, substitute findings of his own for those set aside, and thereupon render a judgment. Sayles' Stat. 1897, art. 1332;…
2Cases cited3 opinions
- Casey-Swasey Co. v. Manchester Fire InsuranceCourt of Appeals of Texas · 1903
- Arkansas Fertilizer Co. v. City National BankTexas Supreme Court · 1911
- Barrett v. BallMissouri Court of Appeals · 1903
3Cited by15 opinions
- Essex v. MitchellCourt of Appeals of Texas · 1915
- Long v. McCoyCourt of Appeals of Texas · 1927
- Grissom v. LopezCourt of Appeals of Texas · 1926
- United States Fidelity & Guaranty Co. v. DowdleCourt of Appeals of Texas · 1924
- General Acc. Fire & Life Ins. v. BundrenTexas Commission of Appeals · 1926
10 more not listed; retrieve them via the Exa API.