Baze v. Island City Mfg. Co.

• Decision Date: 14 February 1906
• Citation: 94 S.W. 460
• Parties: BAZE v. ISLAND CITY MFG. CO. et al.
• Court: Texas Court of Appeals

94 S.W. 460

BAZE v. ISLAND CITY MFG. CO. et al.

Court of Civil Appeals of Texas.

February 14, 1906.

Rehearing Denied March 21, 1906.

Appeal from Menard County Court; L. W. Ainsworth, Judge.

Action by the Island City Manufacturing Company and others against P. A. Baze. Judgment for plaintiff company, and defendant appeals. Affirmed.

Rudolph Runge, for appellant. D. H. Meek, for appellee.

FLY, J.

Appellee applied for and obtained a writ of garnishment directed against E. F. Collier—it being stated in the affidavit that appellee had on January 8, 1904, obtained a judgment against L. L. Lewis for $335.48; that the same was unpaid, with the exception of $55.70; that Lewis had not, within affiant's knowledge, property within his possession in this state, subject to execution, sufficient to satisfy the judgment; and that affiant had reason to believe, and did believe, that Collier was indebted to Lewis. Collier answered that on March 23, 1904, he had purchased land from Lewis, it being public free school land; that as a part of the consideration he had executed three promissory notes, one for $75, and two for $100 each; that said note for $75 was due March 23, 1905, and the other two would become due, respectively, in one and two years thereafter; that the notes were made payable to P. A. Baze, appellant herein, at the instance and request of Lewis. The garnishee prayed that appellant be made a party and the question of ownership of the notes determined. Baze was made a party and answered, claiming that he had bought the notes in good faith. The cause was tried without a jury, and judgment rendered that the garnishee was indebted to Lewis in the sum of $75, and that appellee had judgment against the garnishee for $75 principal and $7.70 interest.

Lewis was indebted to several persons, some of whom were pressing him for their debts, and appellant, his son-in-law, knew of some of the indebtedness at least. On January 8, 1904, appellee obtained a judgment against Lewis for $335.48; on April 20, 1904, McLean, Ilers & Co. obtained a judgment against Lewis for $801.25; and on April 20, 1904, Sanger Bros. obtained a judgment against him for $798.48. Appellant in 1903 had bought a stock of goods from Lewis on time. That purchase was made on the day after D. H. Meek, representing creditors of Lewis, had conversed with Mrs. Lewis about the debts in the presence and hearing of appellant. On March 23, 1904, after appellee had obtained its judgment against Lewis, the latter sold Lis land to Collier, and had the notes given for the purchase money, as stated in the garnishee's answer, made payable to appellant. Appellant stated that he had the notes made payable to him "because he thought it would be safer to take them in his own name." Appellant was the son-in-law of Lewis, knew that he was in debt, knew that he had been transferring his property, and believed that it was not safe to have notes made payable to Lewis. He claims to have bought the notes at...