Story v. Palmer
| Decision Date | 06 May 1926 |
| Docket Number | (No. 1893.) |
| Citation | 284 S.W. 331 |
| Parties | STORY v. PALMER. |
| Court | Texas Court of Appeals |
Appeal from Comanche County Court; R. A. Luker, Judge.
Action by N. E. Palmer against N. W. Story and another. Judgment for plaintiff, and defendant named appeals. Reversed and rendered.
A. B. Haworth and Bob McCampbell, both of Comanche, for appellant.
Geo. E. Smith, of Comanche, for appellee.
Palmer sued J. W. Webb and N. W. Story, alleging the following facts: From November 2, 1922, to April 1, 1924, Webb was an employee of plaintiff in a marble yard; Webb's compensation being one-half of the net profits of the business. During said time Webb received $1,389.64 and collected $475 from Miss Rebecca White and $130 from Clarence Henderson for marble sold. One-half of the net profits of the business was $1,553.32, which Webb was entitled to as compensation for his services, leaving a balance of $431.32 due plaintiff by Webb. In some kind of a trade between Webb and Story the former paid to the latter $200 of funds collected from customers of the business for marble sold. Said marble was subject to a lien held by the First State Bank. Said sum of $200 rightfully belonged to plaintiff, and Story was immediately notified thereof as soon as it was paid to him by Webb. Webb is insolvent, and is liable to plaintiff for above balance, and had no authority to pay out funds belonging to the business, except with plaintiff's consent. The prayer was for judgment against Webb for the amount due and against Story for said $200.
Upon trial without a jury Palmer recovered judgment against Webb for $324.97 and against Story for $200 to be applied as a credit upon the judgment against Webb. No findings were filed by the court below. Story appeals.
The evidence shows that Webb's connection with the marble yard business was probably that of a partner rather than employee, but it makes no difference which was the true relationship. The evidence further discloses that Webb collected from Miss White $475 as by the plaintiff alleged. This money he deposited in bank to his own credit. Thereafter Story sold Webb a car for $400, $200 of which was paid in cash, and the balance to be paid by the delivery of a monument. Webb withdrew the $200 from the bank, and paid it to Story, and the latter delivered the car. Story did not know where Webb obtained the $200. Shortly after the trade Story learned that the bank was claiming a lien on the monument agreed to be...
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Taylor Pipeline Const. v. Directional Road Boring, CIV.A. 1:04-CV-599.
...changed into other money or its equivalent in the methods ordinarily used in business for its safekeeping and transmission." Story v. Palmer, 284 S.W. 331, 332 (Tex.Civ.App.—E1 Paso 1926, no (citations omitted); accord Graham v. Turner, 472 S.W.2d 831, 839 (Tex.Civ. App.—Waco 1971, no writ)......
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Central Power & Light Co. v. State
...and pledgee. It appears here that title to the specific money deposited by the customer passed to the company upon its delivery. Story v. Palmer, 284 S.W. 331 (Tex.Civ.App.1926, n.w.h.). The money so deposited was not segregated to preserve its separate identity, but was commingled with the......
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Upper Valley Aviation v. Mercantile Nat. Bank
...839 (Tex.Civ.App.--Waco 1971, no writ); Hull v. Freedman, 383 S.W.2d 236, 238 (Tex.Civ.App.--Fort Worth 1964, writ ref'd n.r.e.); Story v. Palmer, 284 S.W. 331 (Tex.Civ.App.--El Paso 1926, no writ); accord, Great Commonwealth Life Ins. Co. v. Banco Obrero de Ahorro y Prestamos, 535 F.2d 331......
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Graham v. Turner
...or its equivalent in the methods ordinarily used in business for its safe-keeping and transmission. 26 R.C.L. 1102. Story v. Palmer (El Paso, Tex.Civ.App.1926), 284 S.W. 331, no writ There may be a conversion where there was an obligation to return specific money, but not where an indebtedn......