Legal Opinion

Birkman v. Fahrenthold

Court of Appeals of Texas

Decided November 18, 1908PublishedCited by 4 opinions

Appeal from the District Court of Colorado County. Tried below before Hon. Munford Kenan.

1Opinion of the Court

JAMES, Chief Justice.

— The action is by Mrs. Fahrenthold upon a liquor dealer’s bond, against Henry Birkman as principal and his sureties on such bond. The trial was had on plaintiff’s third amended petition, wherein she alleged that the defendants were liable to her for eight infractions of said bond, because Birkman, his employe and agent, sold and permitted to be sold, gave and permitted to be given, at his place of business, to her husband, Herman Fahrenthold, liquors denounced in said bond, while he was an habitual drunkard, and also made such sales and gifts after she had served notice…

2Cases cited4 opinions

  1. Pennington v. ThomasonTennessee Supreme Court · 1849
  2. Rascoe v. Walker-Smith Co.Texas Supreme Court · 1905
  3. Lacoste v. Chief JusticeTexas Supreme Court · 1866
  4. Coe v. NashTexas Supreme Court · 1897

3Cited by4 opinions

  1. Cathey v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1911
  2. Marshall & E. T. Ry. Co. v. BlackburnCourt of Appeals of Texas · 1913
  3. San Antonio & A. P. Ry. Co. v. StewartCourt of Appeals of Texas · 1912
  4. Wadsworth v. StateDistrict Court of Appeal of Florida · 1967

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