Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62. Page: 53
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1884.] RYAN V. HAYS. 53
Opinion of the court.
mortgaged property, then Ryan would have been entitled to payment
out of the proceeds of sale of the mortgaged property to the
extent, so far as necessary, that the current expense fund was diverted.
If, however, the property or money which may have been in the
hands of the receiver, by reason of any fact, would not have been
liable to the payment of Ryan's claim, then he has no cause of action
against the railway company, it not being pretended that he had
any claim which he could have asserted against Havs, otherwise
than as receiver; for the resolution only enables him to assert against
the company such a, claim as he might have enforced against property
or money which the receiver may have had in his hands, and
not properly disposed of.
The extent of such property or money, if any, is not shown by
What has been said disposes of the first and second assignments
The court did not err in refusing to give the instruction referred
to in the third assignment; so far as not objectionable it was given in
the main charge.
We are also of the opinion that the facts did not justify a charge
submitting to the jury whether Ryan was a servant of the receiver.
A portion of the charge, referred to in the fifth assignment, might
have been given, but it was so connected with objectionable matter
as to be erroneous as an entirety, and the court correctly refused to
The verdict is neither a special verdict nor a general one, and we
are of the opinion was not sufficient to authorize the judgment
There is no assignment calling in question the sufficiency of the
evidence as to the manner in which Ryan received the injury of
which he complains, to sustain a verdict in his favor, and that matter
cannot be considered.
For the reason that the cause seems to have been tried upon the
theory that the resolution of the stockholders, and the bond given
under it, created a liability on the part of the railway to pay such
judgment as Ryan might obtain, without reference to whether there
was any fund in the hands of the receiver which in an action
against him might have been subjected to the payment of Rvan's
claim, and for the insufficiency of the verdict, the judgment is reversed
and the cause remanded.
REVERSED AND REMANDED.
[Opinion delivered June 18, 1884.]
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62., book, 1885; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth28512/m1/75/: accessed November 19, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .