Senter & Co. v. Whitaker

Citations

• 66 Tex. 624
• 2 S.W. 89
• 1886 Tex. LEXIS 583

Syllabus

<p>1. Right of action- Practice—Reconvention—Limitation—Plaintiffs, commission merchants, agreed with R., who was a member of the defendant firm, to sell his cotton, and, with his consent, to apply the proceeds thereof to payment of defendants’ firm notes in the hands of plaintiffs. In an action upon the notes, defendants pleaded in reconvention the damage resulting from an alleged neglect of duty by plaintiffs in selling R.’s cotton. Held, If plaintiffs violated any duty, defendants as a firm neither owning nor having any interest in the cotton gold, could not complain. They could not set up a cause of action which did not enure to them.</p> <p>2. The claim in reconvention was barred if two years had elapsed between its accrual and the filing of the plea. (FollowingFowler v. Stoneum, 11 Tex., 478.)</p>