Araiza v. Chapa, No. 13394

CourtCourt of Appeals of Texas. Court of Civil Appeals of Texas
Writing for the CourtW. O. MURRAY
Citation319 S.W.2d 742
Decision Date17 December 1958
Docket NumberNo. 13394
PartiesRodolfo ARAIZA, Appellant, v. Carlos CHAPA et al., Appellees.

Page 742

319 S.W.2d 742
Rodolfo ARAIZA, Appellant,
v.
Carlos CHAPA et al., Appellees.
No. 13394.
Court of Civil Appeals of Texas, San Antonio.
Dec. 17, 1958.
Rehearing Denied Jan. 21, 1959.

Fansler & Fansler, Victor C. Woods, Laredo, Luther E. Jones, Jr., Corpus Christi, for appellant.

Gordon Gibson, Laredo, for appellees.

W. O. MURRAY, Chief Justice.

This suit was instituted by appellant, Rodolfo Araiza, against Carlos Chapa and his wife, Alicia Ramirez Chapa, appellees, seeking, first, an accounting of an alleged partnership customhouse brokerage business; second, a recovery upon an alleged 'accounts stated' between the alleged partners, and, third, to impose a trust on property allegedly bought by appellee Carlos Chapa with the partnership funds. The trial court granted a summary judgment that appellant take nothing, and hence this appeal.

Appellant contends that the trial court erred in granting the summary judgment as

Page 743

there were triable issues of fact as to the partnership accounting phase of the case.

The summary judgment was based upon the theory that appellant and appellee Chapa had entered into a partnership to operate a customhouse brokerage business in a manner which was in violation of law and Federal regulations and that, therefore, appellant's suit, based upon such illegal partnership, must fail.

Appellee Chapa held a license to operate a customhouse brokerage business, but appellant, Araiza, did not have such a license. The Federal statute providing for customhouse brokers is Title 19, Sec. 1641; the pertinent sub-sections thereof being (a) and (d), reading as follows:

'(a) The Secretary of the Treasury may prescribe rules and regulations governing the licensing as customhouse brokers of citizens of the United States of good moral character, and of corporations, associations, and partnerships, and may require as a condition to the granting of any license, the showing of such facts as he may deem advisable as to the qualifications of the applicant to render valuable service to importers and exporters. No such license shall be granted to any corporation, association, or partnership unless licenses as customhouse brokers have been issued to at least two of the officers of such corporation or association, or two of the members of such partnership, and such licenses are in force. Any license granted to any such corporation, association, or partnership shall be deemed revoked if for any continuous period of more than sixty days after the issuance of such license there are not at least two officers of such corporation or association or two members of such partnership who are qualified to transact business as customhouse brokers. Except as provided in subdivision (c) of this section, no person shall transact business as a customhouse broker without a license granted in accordance with the provisions of this subdivision, but nothing in this section shall be construed to authorize the requiring of a license in the case of any person transacting at a customhouse business pertaining to his own importations.'

'(d) The Secretary of the Treasury...

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5 practice notes
  • McJunkin v. McJunkin's Estate, No. 18051
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • March 22, 1973
    ...Dallas 1953, writ ref'd n.r.e.), which involved a contract in violation of the Texas Anti-Trust laws. See also Araiza v. Chapa, 319 S.W.2d 742, 743 (Tex.Civ.App., San Antonio 1958, writ ref'd n.r.e.); Montgomery Ward & Co. v. Lusk, 52 S.W.2d 1110 (Tex.Civ.App., Waco 1932, writ ref'd); J......
  • Flynn Bros., Inc. v. First Medical Associates, No. 05-85-00586-CV
    • United States
    • Court of Appeals of Texas
    • July 31, 1986
    ...illegal contract, the courts of this state have uniformly held that they will leave the parties where they found them. Araiza v. Chapa, 319 S.W.2d 742, 743 (Tex.Civ.App.--San Antonio 1958, writ ref'd n.r.e.). We shall do the For the reasons above stated, the judgment of the trial court is a......
  • GNG Gas Systems, Inc. v. Dean, No. 07-95-0273-CV
    • United States
    • Court of Appeals of Texas
    • April 4, 1996
    ...is contrary to public policy, or the agreement is to use the subject matter, or a part of it, for an unlawful purpose. Araiza v. Chapa, 319 S.W.2d 742, 743 (Tex.Civ.App.--San Antonio 1958, writ ref'd n.r.e.). Conformably, when a corporate officer or director diverts assets of the corporatio......
  • Green v. Meadows, No. 16318
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • November 7, 1974
    ...and the courts will not enforce such a contract of partnership but will simply leave the parties where it finds them. Araiza v. Chapa, 319 S.W.2d 742 (Tex.Civ.App.--San Antonio 1958, writ ref. n.r.e.). In so holding we apply the rule that one seeking to invoke the equitable jurisdiction of ......
  • Request a trial to view additional results
5 cases
  • McJunkin v. McJunkin's Estate, No. 18051
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • March 22, 1973
    ...Dallas 1953, writ ref'd n.r.e.), which involved a contract in violation of the Texas Anti-Trust laws. See also Araiza v. Chapa, 319 S.W.2d 742, 743 (Tex.Civ.App., San Antonio 1958, writ ref'd n.r.e.); Montgomery Ward & Co. v. Lusk, 52 S.W.2d 1110 (Tex.Civ.App., Waco 1932, writ ref'd); J......
  • Flynn Bros., Inc. v. First Medical Associates, No. 05-85-00586-CV
    • United States
    • Court of Appeals of Texas
    • July 31, 1986
    ...illegal contract, the courts of this state have uniformly held that they will leave the parties where they found them. Araiza v. Chapa, 319 S.W.2d 742, 743 (Tex.Civ.App.--San Antonio 1958, writ ref'd n.r.e.). We shall do the For the reasons above stated, the judgment of the trial court is a......
  • GNG Gas Systems, Inc. v. Dean, No. 07-95-0273-CV
    • United States
    • Court of Appeals of Texas
    • April 4, 1996
    ...is contrary to public policy, or the agreement is to use the subject matter, or a part of it, for an unlawful purpose. Araiza v. Chapa, 319 S.W.2d 742, 743 (Tex.Civ.App.--San Antonio 1958, writ ref'd n.r.e.). Conformably, when a corporate officer or director diverts assets of the corporatio......
  • Green v. Meadows, No. 16318
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • November 7, 1974
    ...and the courts will not enforce such a contract of partnership but will simply leave the parties where it finds them. Araiza v. Chapa, 319 S.W.2d 742 (Tex.Civ.App.--San Antonio 1958, writ ref. n.r.e.). In so holding we apply the rule that one seeking to invoke the equitable jurisdiction of ......
  • Request a trial to view additional results

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