Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-07-01

entered for sale OF the gooda ana
application OF the proceeds In ncn @Al +
with the, rules followed IN the dissalss
and settlement Of partnerships
me cause VIII be remnnded for IN,
proceedings In accordance with this ~
Ion. SfiLtiii"x !.
Associate just
No. 50t-Martin, Wise & Titzhnuh. a.
lanis' vs. e w. and D. g. Hallway NJ
pany, npbellees.-Appeal from the ditI
court OF Tarrant conaty.
OPINION.
In this case we thin, that the court N
IN sustaining q general demurrer 10 4
following petition in'whirh The nunellA
e. plaintiffs complain Of the appeliest
Heretofore on. to.wlt, the 1on, an,
March, 1852 plalntins were tile owl
OF NIFTY bales of cotton, which were /.
~ Aurora Tex. That on sail date M
tins applied to defendants agent at Ibid
TEX, then and there a station on def.I
ants line of railway for the through N
on SAID cotton from that station to m
pool England. aud defendants agen
khone then and there promised aud as,f
TO ship aud transport said cotton on N 7
said line Of railway and connecting y
rier from Rhonie To Liverpool ENGLAND u
soon as the same shotild he hauled NJ
Aurora to lihOlnc,
That In pursuance of said agnfuir
said cotton was delivered upon the mau
platform Of defendants AT llhouc III
that all Of said cotton was 50 dcliyad a
SG'l platform with the knowledge MI laf-l
sent Of defendants agent and In fulfttufl
OF tile contract previously made wiii unl
for the transportation OF said rotHa ~
said line Of railway, and thence or
Meeting carriers to Liverpool, Enslam
That subsequently,, t0-wit. on tAf VI
day Of March, 1850, plantlfl still bels
owner NJ said cotton after snll cottan' "A
delivered unou tile said plntfuriul o. Z
count or the negligence and carsiofH
of defendants mud their agents and sllft.|
IN then nmd there permitting several
boys 10 he ana remain on Its Ituft|N
WHORE snld cotton was placed ana II.
and there permitted said bows 10 pir
said cotton with pipes. which. ibn
TO smoke pipes. on said platforai audi .
said cotton, n fire broke ont In sall "a a
and wholly destroyed tblriy-twn rst h
That said co WINS delivered a. 1, n
platform with Ef fltanil 1|8 4
OF dcfenllnts' rf.. ~. r|l n
at that time itll ylt ne
of persona lnfendlh t'Nl4
said railway to pla mn 44.tf
Away fesiifiaa 4 a b,G'ff hslA l.5ga \
persons putting n there and fI#t IL
ants a. u delivery thereof 10 IN 1ItN
and tlat. by delivery Of al. VI Xxx
5er st plInlienp lt-nas recei.dpe NJ l'
defsn,t,,',"' y was the general fYlil "
on saiI nIntf,rnns, c'We , cotton ~ WifW
place at nIome ~ ,p NV iiN NJ "
sllialnenf i.,s .oi.I' III. &C.. ssss,'i fhN r.
: Thai said cotton was H.
platform by the plaintiffs 81 IA
of being Slipped aver defa 4 ~
nscli,'g lines OF railway 4 MOI X
That a. the time Of tl.e
said tlllriy-two a2l br'
same was at the
OF thn value Of s. III
From the nlleg .a faF. iH
Ution II appears o.. uta al rrit
flon hal been drllrH.r Nff atiteNYaI 4
ana was In Its clafnll 81. EUfUhiI NHil
tract or shipment, ll tm. .salIH eit
toby II was ~ Nrt l.t fa NJ
gence lrudtu. ntH f
think. iuW 20 t4U 40
hil OF nrcess7 ID fan ~
cun1paf flhIe fH u filfN.f 1T
taking Fuf f's- fpottA 900 tt0I
and II Utie,,t as Nj ys ~ Ms
Texas ~ iir1, Ai'lNpa
Texas II lNNNs,,, q 1t
lis. III
The rfeut aHi lAh
rem = Allll1i u
Ia Iutfff
f IA E.
No. ~ --M, RsN .hup Habit vs. iitt
NJ maH hhne Tsrt Worth. aprft
roN, 4. .rnxs " fE
An9eiaat aHd org -se Cain n T.,
d ,aens w psrt3siiaSse'sf ms s9nii'
q uieir or Qntcieii pi9 ~ p9hn
Vffflr, AiAflitf va iAtft'n7 W NJ, w., 4.
4 fAei. ,ssph g3ak 4, ,an Mai 81 sI NM