Brander, Williams & Co. v. Morgan
Texas Supreme Court
Appeal from Red River. Action by the appellees against-Young & Morgan, who were attorneys at law, to recover the proceeds of certain claims placed in the hands of the latter, for collection. The facts' were as follows : On the 21st July, 1847, Young & Morgan gave a receipt to Smith, Gorin & Co., of Yew Orleans, for certain claims, amounting in all to $4,374 87-)-, placed in their hands for collection.
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Appeal from Red River. Action by the appellees against-Young & Morgan, who were attorneys at law, to recover the proceeds of certain claims placed in the hands of the latter, for collection. The facts' were as follows : On the 21st July, 1847, Young & Morgan gave a receipt to Smith, Gorin & Co., of Yew Orleans, for certain claims, amounting in all to $4,374 87-)-, placed in their hands for collection. The firm of Smith, Gorin & Co., had consisted of Henry Smith, Gladden Gorin and John D. Mason, and had been dissolved by the death of Smith on or about the 26th of April, 1846. The plaintiffs…
1Opinion of the CourtWheeler, J.
The only effect, which can be claimed from the judicial proceeding upon the attachment and garnishment in the State of Louisiana, is that it operated as an assignment of the receipt given by Young & Morgan for"the collection of the notes and accounts placed in their hands by Smith, Gorin & Co., for collection. But the receipt, or more properly, the monies collected and to be collected, by Young & Morgan had been previously assigned to Mason, executor of Smith. It cannot be pretended, that the subsequent assignment of this receipt in Louisiana, if effectual to vest in the assignees the right…
2Cited by3 opinions
- Goggin v. State Nat. Bank of El PasoCourt of Appeals of Texas · 1913
- Henke & Pillot v. KellerCourt of Appeals of Texas · 1908
- First Nat. Bank of Paris v. O'Neil Engineering Co.Court of Appeals of Texas · 1915