Legal Opinion

Schilder v. Fort Worth National Co.

Court of Appeals of Texas

Decided February 1, 1935No. 13088PublishedCited by 4 opinions

1Opinion of the Court

DUNKLIN, Chief Justice.

Adolph Schilder instituted this suit against the Fort Worth National Company, a private corporation, to recover money invested by him in certain Brazilian bonds which he alleged later proved worthless. The trial court sustained a general demurrer to his petition, and after he had- declined to amend, his suit was dismissed. From that ruling he has prosecuted this appeal.

It is an elementary rule that as against a general demurrer the allegations of the petition must be accepted as true. The facts relied on by plaintiff material to his recovery may be summarized as follows:

2Cases cited9 opinions

  1. Deming v. DarlingMassachusetts Supreme Judicial Court · 1889
  2. Kimber v. YoungCourt of Appeals for the Eighth Circuit · 1905
  3. Putman v. BromwellTexas Supreme Court · 1889
  4. Cope v. PitzerCourt of Appeals of Texas · 1914
  5. Starnes v. MotsingerCourt of Appeals of Texas · 1925

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Burguieres v. FarrellCourt of Appeals of Texas · 1935
  2. Logan v. TaylorCourt of Appeals of Texas · 1938
  3. Mangum Road Center v. DiSclafaniCourt of Appeals of Texas · 1969
  4. Insurance Corp. of America v. Webster, Texas Court of Appeals, 1st District (Houston)1995

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