Roberts v. Wimberly

Citations

• 41 Tex. 449

Syllabus

<p>1. Construction op Statutes.—When the enacting clause in a statute is general in its terms and objects, and a proviso is afterwards introduced, such proviso is construed strictly.</p> <p>2, Testimony op parties to suit.—A plaintiff may he admitted to testify to declarations of a deceased partner of the defendant, where suit had been brought against the firm, and one of the parties died pending the suit, and his representatives were not made parties.</p> <p>3. Exceptions in statute.—The exceptions (Pas. Dig., art. 6827) excluding certain parties from testifying on account of interest will not be extended by implication.</p> <p>4. Bailment—Conversion.—A refusal by the bailee to deliver goods on demand of the owner, unless on payment of certain claims of the bailor or bailee, inconsistent with the plaintiff’s title, would be equivalent to an absolute refusal, and would amount to a conversion.</p> <p>5. A bailee cannot relieve himself from responsibility to the owner by redelivery to his bailor, after demand and notification by the owner.</p>