Moreau v. Du Bellet

• Decision Date: 30 May 1894
• Citation: 27 S.W. 503
• Parties: MOREAU v. DU BELLET.
• Court: Texas Court of Appeals

27 S.W. 503

MOREAU v. DU BELLET.

Court of Civil Appeals of Texas.

May 30, 1894.

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

Petition by mandamus by E. Moreau, liquidator of the Société Foncière et Agricole des Etats Unis, a corporation under the laws of France, against Henry P. Du Bellet. Judgment for defendant, and plaintiff appeals. Affirmed.

Fitzhugh & Mozencraft, for appellant. R. T. Brownrigg and A. J. Ball, for appellee.

RAINEY, J.

On May 1, 1891, appellant instituted suit in the fourteenth judicial district court, at Dallas, against the appellee. Appellant, by his original petition, alleged that he was a citizen of Paris, republic of France; that the Société Foncière et Agricole des Etats Unis is a private corporation incorporated under and by virtue of the laws of the republic of France; that appellant is the duly appointed and qualified liquidator of said corporation, and has been since November 4, 1882, at which time he was duly appointed such liquidator by a court of competent jurisdiction in France; that as such liquidator he has full power and authority to manage and control the affairs of said corporation, adjust all its business, and sue for and collect all its debts due to it, and to control the collection of all debts due to it. Appellant further alleged that appellee had possession of certain books, papers, etc., belonging to said corporation; that he fraudulently represented himself to be the agent of said concern, was collecting money belonging to same, and appropriating it to his own use, etc. A mandamus was prayed for, requiring appellee to bring the books, papers, etc., into court; and an injunction was prayed for, enjoining him from "assigning or negotiating said notes, accounts, books, papers," etc. These prayers were temporarily granted. The appellee, among other things, answered by a plea in abatement, in substance: "That plaintiff sues as liquidator of the Société Foncière et Agricole des Etats Unis, and that such office of liquidator is unknown to the laws of Texas; that said petition does not show the order of any court appointing plaintiff as said liquidator, or giving him authority to sue as such liquidator; that plaintiff appears from the face of said petition to have been appointed and to be now acting as liquidator by a foreign court having no jurisdiction over the property claimed by plaintiff, and whose authority is not recognized by the laws which govern this court." Defendant further pleaded that said appellant was appointed as such liquidator of said Société, etc., by an order of a court of the republic of France, being the...