Pittman-Harrison Co. v. Fox Bros.
Court of Appeals of Texas
Appeal from District Court, Camp County; J. A. Ward, Judge. Í Suit by Fox Bros, against the Pittman-Harrison Company “and others. ‘From judgment for plaintiff against named defendant, the named defendant appeals. The appellees brought suit against the Director General, operating the Missouri, Kansas & Texas Railway of Texas and against the Pittman-Harrison Company, a corporation, jointly and severally, for damages for alleged conversion of a carload of peas.
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Appeal from District Court, Camp County; J. A. Ward, Judge. Í Suit by Fox Bros, against the Pittman-Harrison Company “and others. ‘From judgment for plaintiff against named defendant, the named defendant appeals. The appellees brought suit against the Director General, operating the Missouri, Kansas & Texas Railway of Texas and against the Pittman-Harrison Company, a corporation, jointly and severally, for damages for alleged conversion of a carload of peas. The Director General answered by denial, and specially that the bill of lading required inspection of the peas by the Pittman-Harrison…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1, 2] The first assignment of error is:
“That the court erred in charging the jury peremptorily that this defendant was guilty of conversion under the evidence in the cause.”
The plaintiffs pleaded as ground for liability against defendant:
“That defendant Pittman-Harrison Company received said car of peas and took possession of the same knowing that said draft had not been paid, and without order or authority from this plaintiff, and knowing that the defendant railway company was violating its agreement and contract in delivering said ear of peas without…
2Cases cited4 opinions
- Parks v. O'ConnorTexas Supreme Court · 1888
- Crawford v. ThomasonCourt of Appeals of Texas · 1909
- Missouri, Kansas & Texas Railway Co. v. Seley & EarlyCourt of Appeals of Texas · 1903
- Pecos & N. T. Ry. Co. v. PorterCourt of Appeals of Texas · 1916
3Cited by5 opinions
- Pacific Products, Inc. v. Great Western Plywood, Ltd.Court of Appeals of Texas · 1975
- Hines v. ScottTexas Supreme Court · 1923
- Baldwin Motor Co. v. De FordCourt of Appeals of Texas · 1926
- Kirby v. FitzgeraldCourt of Appeals of Texas · 1930
- Kirby v. FitzgeraldCourt of Appeals of Texas · 1930