Bennett & Lockwood v. Frary
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. G. H. Noonan. The appellee, Frary, brought suit on an alleged contract made by him for his firm of Asa Frary & Bro., on March 1, 1878, with the firm of Bennett & Lockwood, of San Antonio, Texas.
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Appeal from Bexar. Tried below before the Hon. G. H. Noonan. The appellee, Frary, brought suit on an alleged contract made by him for his firm of Asa Frary & Bro., on March 1, 1878, with the firm of Bennett & Lockwood, of San Antonio, Texas. He alleged the contract to have been as follows, in substance: 1. That Bennett & Lockwood agreed to receive, bale, poison and ship bison hides at San Antonio, for a compensation of one-fourth of a cent a pound. 2. That Bennett & Lockwood agreed to sell the hides in Hew York for a compensation of two and one-half per cent, on the gross sales. 3. That…
1Opinion of the Court
Gould, Associate Justice.
1. The plaintiff was admitted to testify, not as to anything that transpired between him and the deceased partner, Bennett, nor as to any statement by Bennett, but as to what passed between him and the living partner, Lockwood; and although his testimony went to establish a contract with the firm, we think it was rightly omitted. R S., art. 2248.
■The disqualification to testify is only “as to any transaction with, or statement by,” the deceased, arid neither literally, nor in its spirit or reason, does it preclude a party from testifying as to a statement by, or a…
2Cited by4 opinions
- Moores v. WillsTexas Supreme Court · 1887
- Atkins v. DoddsCourt of Appeals of Texas · 1938
- Hoxie v. Farmers & Mechanics National BankCourt of Appeals of Texas · 1899
- Stuart Bros. v. AltmanCourt of Appeals of Texas · 1894