C & G, INC. v. Jones

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• court found control or direction of trust funds where defendants were principal officers of company, had signatory authority on checking account, and played some part in decision of who was paid
• a party who misapplies trust funds under chapter 162 is subject to civil liability
• a party who misapplies trust funds under chapter 162 is subject to civil liability
• “Thus, a party who misapplies these trust funds is subject to civil liability if (1) the party breaches the duty imposed by chapter 162, (2) with the requisite scienter, and (3
• “However, there must be some evidence that the officer or director had control or direction over the trust funds, such as possessing and exercising the power to divert the trust funds by sending the funds wherever they choose and actually controlling the disposition of the funds.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

21 cases in this archive cite this case; the 20 most cited are listed.

• Dealers Electrical Supply Co. v. Scoggins Construction Co.
  Texas Supreme Court· 2009-07-03· cited 47×
• J.P. Morgan Chase Bank, N.A. Ex Rel. Bank One, N.A. v. Texas Contract Carpet, Inc.
  Tex. App. Ct., 3rd Dist. (Austin)· 2009-12-11· cited 44×
• Zurich American Insurance v. Tejas Concrete & Materials Inc.
  W.D. Texas· 2013-11-06· cited 38×
• Nu-Way Energy Corporation v. Delp
  Tex. App. Ct., 10th Dist. (Waco)· 2006-09-06· cited 22×
• Kelly v. General Interior Construction, Inc.
  Tex. App. Ct., 14th Dist. (Houston)· 2008-07-03· cited 20×
• Ferry v. Sackett
  Tex. App. Ct., 5th Dist. (Dallas)· 2006-11-09· cited 16×
• Choy v. GRAZIANO ROOFING OF TEXAS, INC.
  Tex. App. Ct., 1st Dist. (Houston)· 2009-12-09· cited 10×
• Direct Value, LLC and Martin F. Cody, Jr. v. Stock Building Supply, LLC
  Tex. App. Ct., 7th Dist. (Amarillo)· 2012-11-15· cited 10×
• TPCIGA Ex Rel. Reliance National Indemnity Co. v. Morrison
  Tex. App. Ct., 3rd Dist. (Austin)· 2006-05-12
• Andrew Choy v. Graziano Roofing of Texas, Inc.
  Tex. App. Ct., 1st Dist. (Houston)· 2009-10-01
• Mark Rotella, Individually, and Mark Rotella Custom Homes, Inc., D/B/A Benchmark Custom Homes v. Dozier Cabinet Works, Inc.
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2008-01-31
• TPCIGA, for Reliance National Indemnity Company v. Magdalena Ford Morrison A/N/F of Eric Ford
  Tex. App. Ct., 3rd Dist. (Austin)· 2006-05-12
• Wholesale Electric Supply Company of Houston, LP v. Sidney G. Simon
  Tex. App. Ct., 9th Dist. (Beaumont)· 2007-03-08
• John Everett Freeman v. State
  Tex. App. Ct., 9th Dist. (Beaumont)· 2008-10-29
• Nu-Way Energy Corporation v. Billy R. Delp, Jr.
  Tex. App. Ct., 10th Dist. (Waco)· 2006-09-06
• Scoggins Construction Company, Inc. v. Dealers Electrical Supply Co.
  Tex. App. Ct., 13th Dist.· 2009-10-22
• Dan Kelly and Laura Hofstatter v. General Interior Construction, Inc.
  Tex. App. Ct., 14th Dist. (Houston)· 2008-07-03
• Unnamed case
  Tex. App. Ct., 13th Dist.· 2014-05-29
• WeKnow Technologies, Inc. v. Joe Hayes
  Tex. App. Ct., 5th Dist. (Dallas)· 2018-07-10
• Mesa Southern CWS Acquisition, LP D/B/A Mesa Southern Well Servicing v. Deep Energy Exploration Partners, LLC
  Tex. App. Ct., 14th Dist. (Houston)· 2019-11-21

Cites

7 cases in this archive are cited by this case.

• State Farm Lloyds v. Kessler
  Court of Appeals of Texas· 1996-11-27· cited 141×
• Texas Natural Resource Conservation Commission v. Lakeshore Utility Company, Inc., Sentry Title Company, Inc., Alan D. Whatley, and Thelma J. Whatley
  Texas Supreme Court· 2005-04-08· cited 72×
• Lively v. Carpet Services, Inc.
  Tex. App. Ct., 1st Dist. (Houston)· 1995-08-31· cited 47×
• Nuclear Corporation of America v. Hale
  N.D. Texas· 1973-02-06· cited 33×
• Walker Engineering, Inc. v. Bracebridge Corp.
  Tex. App. Ct., 5th Dist. (Dallas)· 2003-05-09· cited 21×
• McCoy v. Nelson Utilities Services, Inc.
  Tex. App. Ct., 12th Dist. (Tyler)· 1987-07-31· cited 21×
• Vulcan Materials Co. v. Jack Raus, Inc. (In Re HLW Enterprises of Texas, Inc.)
  W.D. Texas· 1993-08-05· cited 18×