Burgess v. Singer Manuf'G Co.

CourtCourt of Appeals of Texas
Writing for the CourtRainey
Citation30 S.W. 1110
PartiesBURGESS v. SINGER MANUF'G CO. et al.
Decision Date03 April 1895
30 S.W. 1110
BURGESS
v.
SINGER MANUF'G CO. et al.
Court of Civil Appeals of Texas.
April 3, 1895.

Appeal from district court, Dallas county; R. E. Burke, Judge.

Action by J. O. Burgess against the Singer Manufacturing Company and another for malicious prosecution. From a judgment denying his motion for a new trial, plaintiff appeals. Affirmed.

M. L. Dye and Byron Johnson, for appellant. Watts, Aldredge & Eckford, for appellees.

Conclusions of Fact.

RAINEY, J.


The Singer Manufacturing Company, one of the appellees, is a corporation, and was doing business in Texas in September, 1891, and for some time prior thereto. At that time Kirk Hall (the other appellee) was manager for said company in North Texas, with his office at Dallas. Hall's contract with the company contained the following provisions, to wit: "(5) That he, Kirk Hall, is not authorized to contract any debts on account of the Singer Manufacturing Company; nor to bring or permit any suit without express authority from said company; nor to purchase horses, wagons, harness, sleighs, stationery, or furniture; nor to advertise in any manner; nor to rent or agree to rent or hire any store, office, barn, stable, or other tenement; and that he will be personally liable for any and all costs, expenses, or damages arising from such unauthorized action. And, further, that with all those working under his supervision he will make contracts in writing, taking bonds with good security for the honest and faithful performance of their duties, which bonds and contracts he will forward at once to said branch office for the approval of its agent there, and said contract shall not be binding on said company until so approved and signed." In 1890 said Hall employed appellant to work for said company at Ft. Worth, under supervision of the Dallas office, appellant to be at all expenses of running the business of selling the machines at Ft. Worth, and to receive a commission on the amount of sales made by him. In January, 1891, Burgess sold a machine to W. H. Taylor, receiving for it $20 in money and a $25 carpet. On February 21, 1891, he reported to the company that said machine was not sold, but at Taylor's on trial. On May 2, 1891, appellant reported said machine in stock back at the Singer Company's office in Ft. Worth. No other report was made by Burgess about this machine. Hall made a statement of these facts to the assistant county attorney of Tarrant county, who procured the indictment of...

To continue reading

Request your trial
11 practice notes
  • Stevens v. Travelers Ins. Co., No. B-7006
    • United States
    • Supreme Court of Texas
    • February 15, 1978
    ...no writ); Cornelison v. Fort Worth & R.G. Ry. Co., 403 Tex.Civ.App. 509, 103 S.W. 1186 (1907, no writ); Burgess v. Singer Mfg. Co., 30 S.W. 1110 (Tex.Civ.App.1895, no writ). See also, Youngblood v. Wilson & Cureton, 321 S.W.2d 887 (Tex.Civ.App.1959, writ ref'd n. r. e.); Hunter v. Hunter, 1......
  • Rose v. Magro, 6 Div. 468.
    • United States
    • Supreme Court of Alabama
    • October 24, 1929
    ...Donovan v. People, 139 Ill. 412, 28 N.E. 964; City of Vandalia v. Seibert, 47 Ill.App. 477. In Burgess v. Singer Mfg. Co. (Tex. Civ. App.) 30 S.W. 1110, 1111, it is declared: "In examining jurors on their voir dire, parties have the right to ask them if they are members of the order of Knig......
  • American Surety Co. v. Pryor, 6 Div. 410
    • United States
    • Supreme Court of Alabama
    • June 23, 1927
    ...Bank, 66 Mont. 111, 212 P. 863; Malloy v. Chicago, etc., R. Co., 34 S.D. 330, 148 N.W. 598; Burgess v. Singer Mfg. Co. (Tex.Civ.App.) 30 S.W. 1110; Fla. E.C.R. Co. v. Groves, 55 Fla. 436, 46 So. 294; Burnham v. Collateral Loan Co., 179 Mass. 268, 60 N.E. 617; 18 R.C.L. 17, § 7. A convincing......
  • Reeves v. State, 3 Div. 751
    • United States
    • Supreme Court of Alabama
    • June 21, 1956
    ...jury. There was no error in this ruling of the court. Rose v. Magro, 220 Ala. 120, 124 So. 296; Burgess v. Singer Mfg. Co., Tex.Civ.App., 30 S.W. 1110; Redus v. State, 243 Ala. 320, 9 So.2d 914, certiorari denied 318 U.S. 774, 63 S.Ct. 771, 87 L.Ed. 1143, rehearing denied 318 U.S. 802, 63 S......
  • Request a trial to view additional results
11 cases
  • Stevens v. Travelers Ins. Co., No. B-7006
    • United States
    • Supreme Court of Texas
    • February 15, 1978
    ...no writ); Cornelison v. Fort Worth & R.G. Ry. Co., 403 Tex.Civ.App. 509, 103 S.W. 1186 (1907, no writ); Burgess v. Singer Mfg. Co., 30 S.W. 1110 (Tex.Civ.App.1895, no writ). See also, Youngblood v. Wilson & Cureton, 321 S.W.2d 887 (Tex.Civ.App.1959, writ ref'd n. r. e.); Hunter v. Hunter, 1......
  • Rose v. Magro, 6 Div. 468.
    • United States
    • Supreme Court of Alabama
    • October 24, 1929
    ...Donovan v. People, 139 Ill. 412, 28 N.E. 964; City of Vandalia v. Seibert, 47 Ill.App. 477. In Burgess v. Singer Mfg. Co. (Tex. Civ. App.) 30 S.W. 1110, 1111, it is declared: "In examining jurors on their voir dire, parties have the right to ask them if they are members of the order of Knig......
  • American Surety Co. v. Pryor, 6 Div. 410
    • United States
    • Supreme Court of Alabama
    • June 23, 1927
    ...Bank, 66 Mont. 111, 212 P. 863; Malloy v. Chicago, etc., R. Co., 34 S.D. 330, 148 N.W. 598; Burgess v. Singer Mfg. Co. (Tex.Civ.App.) 30 S.W. 1110; Fla. E.C.R. Co. v. Groves, 55 Fla. 436, 46 So. 294; Burnham v. Collateral Loan Co., 179 Mass. 268, 60 N.E. 617; 18 R.C.L. 17, § 7. A convincing......
  • Reeves v. State, 3 Div. 751
    • United States
    • Supreme Court of Alabama
    • June 21, 1956
    ...jury. There was no error in this ruling of the court. Rose v. Magro, 220 Ala. 120, 124 So. 296; Burgess v. Singer Mfg. Co., Tex.Civ.App., 30 S.W. 1110; Redus v. State, 243 Ala. 320, 9 So.2d 914, certiorari denied 318 U.S. 774, 63 S.Ct. 771, 87 L.Ed. 1143, rehearing denied 318 U.S. 802, 63 S......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT