Clark Loftus v. Pearce
Texas Supreme Court
This is an appeal from a judgment below for $15 actual and $500 exemplary damages in favor of Mrs. Pearce and against Clark & Loffcus for wrongful seizure of certain goods of plaintiff seized under a writ of sequestration wrongfully sued out by the defendants. The facts are given in the opinion.
1Opinion of the Court
GAINES, Associate Justice.
This action was brought by appellee against appellants as partners to recover damages, actual and exemplary, for the alleged wrongful and malicious suing out of a writ of sequestration of certain property belonging to her. The case made by the plaintiff was as follows: The defendants were dealers in furniture, selling upon a credit payable in installments. The plaintiff purchased certain pieces of furniture of them on a credit and gave them a chattel mortgage to secure payment of the debt. There-were several small purchases and several partial payments. However, she…
2Cases cited6 opinions
- Lloyd v. BrinckTexas Supreme Court · 1872
- Maybe, Kahn & Freiberg v. DukeTexas Supreme Court · 1889
- Taylor v. HallTexas Supreme Court · 1888
- Tarpley v. Poage's Adm'rTexas Supreme Court · 1847
- Foster v. SmithTexas Supreme Court · 1846
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3Cited by62 opinions
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- American Rio Grande Land & Irrigation Co. v. Mercedes Plantation Co.Court of Appeals of Texas · 1913
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