J. H. Simpson & Co. v. Grinnan & Duval
Texas Commission of Appeals
Error from Colorado county. Opinion by Walker, J. Statement.— March 10,1876, J. L. Harris & Co. brought suit in the district court of Colorado county against S. W. Patchen, a resident of Hew York, and J. H. Simpson & Co., bankers, and residing in Colorado county, claiming that defendants owed one Moses Winter eight hundred dollars; that the debt had been assigned by Winter to one D. D. Chandler,'and by Chandler to plaintiffs; that the said Patchen and one W. B. Coit were in…
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Error from Colorado county. Opinion by Walker, J. Statement.— March 10,1876, J. L. Harris & Co. brought suit in the district court of Colorado county against S. W. Patchen, a resident of Hew York, and J. H. Simpson & Co., bankers, and residing in Colorado county, claiming that defendants owed one Moses Winter eight hundred dollars; that the debt had been assigned by Winter to one D. D. Chandler,'and by Chandler to plaintiffs; that the said Patchen and one W. B. Coit were in collusion to defraud Harris & Co. and Winter, and prevent their getting the money sued for; specifically charging that…
1Opinion of the Court
Opinion.— The testimony was sufficient to support the judgment as to the ownership of the funds, and the garnishee proceedings. The allegations in the answer of J. H. Simpson & Co. were also sustained by testimony, except that the proceedings in the New York suit were only proved by parol, over objections of plaintiffs, and no details of its proceedings given. Simpson & Co. bring the case by' writ of error to the supreme court, assigning many errors, but substantially that-the judgment does not protect the defendants against a second judgment for the same money; and that the facts did not…
2Cases cited3 opinions
- Iglehart v. MooreTexas Supreme Court · 1858
- Barnett v. PoolTexas Supreme Court · 1859
- Bassett v. Garthwaite, Griffin & Co.Texas Supreme Court · 1858