East Line & Red River Railroad v. Terry

Citations

• 50 Tex. 129

Syllabus

<p>1. Garnishment—Practice.—In garnishment proceedings the creditor is the actor, and the burden of proof lies upon him, when the garnishee, by answer, denies his indebtedness to the defendant.</p> <p>2. Payment.—See facts held to be a payment.</p> <p>3. Agent—Acts of, outside his duty.—That a secretary of a corporation received from the payee a check, drawn by the corporation in favor of its creditor, and collected the money and paid it out to the creditor of the payee of the check, does not constitute an indebtedness from the corporation, or render it liable again to its former creditor, by anything done by its secretary about such fund not for the benefit of the corporation.</p>