The Texas Reports; Cases Adjudged in the Supreme Court ...

The Texas Reports; Cases Adjudged in the Supreme Court ...

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ...for the damages which accrued to the Corralitos Company. We do not doubt that the shipment of the cattle was an interstate shipment and that therefore the contract was a lawful one, although the corporation may have been doing business in the State contrary to its laws. The language of article 746 of the Revised Statutes is very broad. It prohibits a foreign corporation which is doing b11_Si_ness in the State from bringing suit "on any demand 'whatever arising out of contract or tort iinless. at the time such contract was made or tort committed. the corporation had filed its articles of incorporation," etc. We do not think it was the purpose of the statute to Prohibit in any case suits growing out of contracts of interstate commerce. For the error pointed out, the judgment is reversed and the cause remanded. Reversed and remanded. 1. Continuance. The refusal of a first continuance was not erroneous where the application was based upon the absence, of witnesses whose names and residences were unknown, and one who had left the country and could not be located, and was addressed to the discretion of the trial court, ---failing to state that, it was not sought. for delay only. (P. 395.) 2. Insuranc&Proof of Loss--False Statement. Vhere liability on an insurance policy is contested on the ground of a false stateincnt by insured in making proofs of loss, the latter may show, in avoidance, that the statement was not willfully false. (P. 395.) 3. SamwEvidence---Parol Statements Explanatory of Proof. The statement of insured, to one then engaged in making out his proofs of loss, that he did not own the land on which the insured building was situated, was admissible to show that there was no intentional misstatement as to his...
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Product details

  • Paperback | 352 pages
  • 189 x 246 x 19mm | 630g
  • United States
  • English
  • black & white illustrations
  • 1236888634
  • 9781236888631