Keesey and Murphy v. Old
Texas Supreme Court
The appellee A. Y. D. Old brought this suit in the District Court of Jeff Davis County against E. L. Gage, W. Keesey, Daniel Murphy, and L. B. Caruthers jointly for $2000 (less $205 credits acknowledged), alleged to be due him by defendants on a contract with them for attorney fees.
Read the full summary
The appellee A. Y. D. Old brought this suit in the District Court of Jeff Davis County against E. L. Gage, W. Keesey, Daniel Murphy, and L. B. Caruthers jointly for $2000 (less $205 credits acknowledged), alleged to be due him by defendants on a contract with them for attorney fees. The petition alleges that under the cbntract plaintiff had to defend any action that might be brought against Caruthers as county treasurer of old Presidio County for refusal to remove his office from Fort Davis to Marfa and refusal to register certain bonds issued by order of the Commissioners Court to build a…
1Opinion of the Court
COLLARD, Judge,
Section A.—It .does not appear from the petition that Caruthers was the principal obligor in the contract sued on. He is sued merely as a joint contractor with the other defendants. Looking to the evidence, we do not find that he is primarily liable, if he is liable at all. The evidence tends rather to show that he did not join in the contract, but allowed his official position and acts as an officer to be used by the other defendants to test the question of the validity of the pretended removal of the county seat from Fort Davis to Marfa, for which purpose he refused to remove…
2Cases cited2 opinions
- Wooters v. SmithTexas Supreme Court · 1882
- Walker v. EmersonTexas Supreme Court · 1858
3Cited by9 opinions
- Preston Farm & Ranch Supply, Inc. v. Bio-Zyme EnterprisesTexas Supreme Court · 1981
- Thornell v. Missouri State Life Ins.Texas Commission of Appeals · 1923
- Austin Presbyterian Theological Seminary v. MoormanTexas Supreme Court · 1965
- Bute v. BrainerdTexas Supreme Court · 1899
- Texas Cotton Growers Ass'n v. McGuffeyCourt of Appeals of Texas · 1939
4 more not listed; retrieve them via the Exa API.