Chator v. Brunswick-Balke-Collender Co.
Texas Supreme Court
Error from Bowie. Tried below before the Hon. W. P. McLean. Plaintiff in error was a defendant below, and a purchaser of the personal property sought to be subjected to a mortgage by his vendor to the plaintiff. The defendants below (who were the maker of the notes and of the mortgage sued on, and the purchaser), only pleaded a general denial. The findings of fact by the court are as follows: “1. Defendant Dowsing executed the three notes sued on and owes the amount of same.
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Error from Bowie. Tried below before the Hon. W. P. McLean. Plaintiff in error was a defendant below, and a purchaser of the personal property sought to be subjected to a mortgage by his vendor to the plaintiff. The defendants below (who were the maker of the notes and of the mortgage sued on, and the purchaser), only pleaded a general denial. The findings of fact by the court are as follows: “1. Defendant Dowsing executed the three notes sued on and owes the amount of same. “2. He executed the mortgage described in plaintiff’s petition on the eleventh day of February, 1887, on the property…
1Opinion of the Court
Gaines, Associate Justice.
This suit was brought in the court below by the Brunswick-Balke-Oollender Company, a corporation, against J. M. Dowsing and D. O. Chaytor, to recover the amount of three promissory notes executed by Dowsing, payable to the company, and to foreclose a chattel mortgage upon certain saloon furniture alleged to be in possession of Chaytor. To the petition the defendants pleaded jointly a general denial. The judgment was for the plaintiff for the recovery of the debt, interest and attorney’s fees, as provided in the contract, and for the enforcement of the mortgage…
2Cited by7 opinions
- Oxsheer v. WattTexas Supreme Court · 1898
- Lenamond v. North Shore Supply Co.Court of Appeals of Texas · 1984
- Southwestern Telegraph & Telephone Co. v. PriestCourt of Appeals of Texas · 1903
- Conant Automobile Co. v. ManriquezTexas Commission of Appeals · 1928
- Glasscock v. CoppardCourt of Appeals of Texas · 1930
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