Brownwood Ice Co. v. York Manuf'G Co.

• Decision Date: 28 October 1896
• Citation: 37 S.W. 339
• Parties: BROWNWOOD ICE CO. et al. v. YORK MANUF'G CO.
• Court: Texas Court of Appeals

37 S.W. 339

BROWNWOOD ICE CO. et al. v. YORK MANUF'G CO.

Court of Civil Appeals of Texas.

October 28, 1896.

Error from district court, Tom Green county; J. W. Timmins, Judge.

Action by the York Manufacturing Company against the Brownwood Ice Company' and others. Judgment for plaintiff, from which defendants bring error. Affirmed.

Jos. Spence, Jr., for plaintiffs in error.

Statement of the Case.

FISHER, C. J.

This suit was instituted in the district court of Tom Green county by defendant in error against the San Angelo Ice Company, the Brownwood Ice Company, J. L. Millspaugh, and T. B. Sanderson. The purpose of the suit was to recover on three promissory notes, and to foreclose liens on the property of each of the ice companies. Judgment below was rendered against all of the defendants on the notes and foreclosing the liens on the property of the Brownwood Ice Company and the San Angelo Ice Company.

Statement of the Facts.

The following are all the facts shown by the record:

Plaintiff read in evidence the three promissory notes sued on and described in plaintiff's first amended petition, and also the two deeds of trust described in said first amended petition, which said notes, with the indorsements thereon, and deeds of trust, are as follows:

"San Angelo Ice Factory. $2,000.00. San Angelo, Texas, January 1st, 1893. On August 31st, 1893, for value received, we jointly and severally promise to pay to the order of the York Manufacturing Co. two thousand dollars, with interest at six per cent. per annum from date, at the San Angelo National Bank, San Angelo, Texas. San Angelo Ice Co., by J. L. Millspaugh, Pres't. J. L. Millspaugh. Brownwood Ice Co., by J. L. Millspaugh, Pres't. T. B. Sanderson."

"San Angelo Ice Factory. $2,000.00. San Angelo, Texas, January 1st, 1893. On November 30, 1893, we jointly and severally promise to pay to the order of the York Manufacturing Co. two thousand dollars, with interest at six per cent. per annum from date, at San Angelo National Bank, San Angelo, Texas. San Angelo Ice Co., by J. L. Millspaugh, Pres't. J. L. Millspaugh. Brownwood Ice Co., by J. L. Millspaugh, Pres't. T. B. Sanderson."

"San Angelo Ice Factory. $2,130.30. San Angelo, Texas, January 1st, 1893. On February 28, 1894, for value received, we jointly and severally promise to pay to the order of the York Manufacturing Co. two thousand one hundred and thirty 30/100 dollars, with interest at six per cent. per annum from date, at the San Angelo National Bank, San Angelo, Texas. San Angelo Ice Co., by J. L. Millspaugh, Pres't. J. L. Millspaugh. Brownwood Ice Company, by J. L. Millspaugh, Pres't. T. B. Sanderson."

"State of Texas, County of Brown. Know all men by these presents, that the Brownwood Ice Company, a private corporation, duly incorporated under the laws of the state of Texas, for and in consideration of ten dollars, to it in hand paid by the York Manufacturing Co., of York, Pennsylvania, the receipt of which is hereby acknowledged, have this day sold, and do by these presents grant, bargain, sell, and convey, unto the said York Manufacturing Company, the following described property, to wit: The piece of ground fronting 100 (one hundred) feet on West Broadway, and running back due east 200 (two hundred) feet to West Broadway line of East Broadway, being part of block No. 18 (eighteen) of the town of Brownwood, in Brown county, Texas, according to the map and plan of said town, together with all buildings thereon situated, including the ice factory and tools and machinery connected therewith; to have and to hold the above-described property unto the said York Manufacturing Company, its successors and assigns; and the said Brownwood Ice Company does hereby agree to warrant and forever defend the title to the before-described property unto the said York Manufacturing Company, its successors and assigns, in fee simple forever. This instrument is, however, intended as a mortgage for the purpose of securing them in the payment of the following described promissory notes, to wit: One certain promissory note, dated January 1st, 1893, for $2,130.30, issued at San Angelo, Texas, executed by the San Angelo Ice Company and J. L....