Lowery v. Miller

KEITH, Justice.

This three-way lawsuit resulted in Miller being awarded judgment against Lowery for $7,420.00 for conversion of 63 head of cattle which he had secured possession of by issuing a check to Miller’s agent, Smith, and then stopping payment thereon. Smith had dealt similarly with Lowery some time before and was indebted to Lowery in the amount of $7,437.45, for which Lowery recovered judgment in this action. Lowery, but not Smith, has appealed from a judgment following a trial to a jury.

Lowery, the operator of a cattle auction in Angelina County, had sold to Smith 128 *663head of cattle…