Legal Opinion

Preston v. Carter Bros. & Co.

Texas Supreme Court

Decided March 24, 1891No. 7116PublishedCited by 20 opinions

On December 28,1888, appellees filed their amended original petition in the District Court of Fannin County, alleging that on December 1, 1888, O. B. Phillips and J. A. Dun'can were merchants and partners, doing business under the firm name of Phillips & Duncan in the city of Bonham, in said county; that said firm owned at said date merchandise of the estimated value of $13,000, and notes and accounts amounting to $7000 or $8000; that they were indebted to sundry parties in…

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On December 28,1888, appellees filed their amended original petition in the District Court of Fannin County, alleging that on December 1, 1888, O. B. Phillips and J. A. Dun'can were merchants and partners, doing business under the firm name of Phillips & Duncan in the city of Bonham, in said county; that said firm owned at said date merchandise of the estimated value of $13,000, and notes and accounts amounting to $7000 or $8000; that they were indebted to sundry parties in the sum of about $8000; that appellees owned a debt against them of about $2733.24; that being insolvent and…

1Opinion of the Court

HOBBY, Presiding Judge.

Phillips & Duncan, merchants in the city of Bonham, Texas, and who were transacting business under the firm name indicated, executed on December 1, 1888, a conveyance, transferring their entire stock of merchandise, notes, accounts, etc., to the appellant Geo, A. Preston, in trust, to sell and collect the same and apply the proceeds arising therefrom to the payment of the debts of certain named creditors of said firm set forth in the petition. Whatever residue remained after the satisfaction of said claims of the preferred creditors, it was provided by the terms of the…

2Cases cited3 opinions

  1. Ebell v. BursingerTexas Supreme Court · 1888
  2. Johnson v. J. M. Robinson & Co.Texas Supreme Court · 1887
  3. Scott v. McDanielTexas Supreme Court · 1887

3Cited by20 opinions

  1. City of Austin v. CahillTexas Supreme Court · 1905
  2. Lyons-Thomas Hardware Co. v. Perry Stove Manufacturing Co.Texas Supreme Court · 1895
  3. Mason v. MasonTexas Supreme Court · 1963
  4. Monday v. VanceCourt of Appeals of Texas · 1895
  5. Burnham, Hanna, Munger & Co. v. Logan, Evans & SmithTexas Supreme Court · 1895

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