Lichtenstein Bros. & Co. v. Loewenstein & Elias
Texas Supreme Court
Appeal from district court of Galveston county. — This suit was brought by appellants, who reside in New York City, against appellees who reside in Galveston, Texas, June 22, 1875, on four promissary notes aggregating $2,-634.55, subject to a credit of $790.36 and an attachment was run on nine cases of merchandise alleged to have been secreted in Houston, Texas, by appellees.
Read the full summary
Appeal from district court of Galveston county. — This suit was brought by appellants, who reside in New York City, against appellees who reside in Galveston, Texas, June 22, 1875, on four promissary notes aggregating $2,-634.55, subject to a credit of $790.36 and an attachment was run on nine cases of merchandise alleged to have been secreted in Houston, Texas, by appellees. Appellees answer that on the 18th of June, 1875, they had fully paid and satisfied the notes sued on, and had obtained from’appellants a receipt in full of said notes, and an order on appellants’ attorneys, to deliver up…
1Opinion of the Court
Opinion by
Walker, J. :
It is clear that the verdict of the jury is not contrary to the evidence. Under the evidence the jury were authorized to judge of the circumstances testified to by the witnesses on both sides, and to determine whether the defendants had made the false and fraudulent representations imputed to them by the plaintiffs, and it was their province to judge of the credibility of the several witnesses, as well as to weigh all the evidence in the case. The testimony i ntroduced by the plaintiffs to establish the fraud, was in its nature circumstantial evidence, and the facts were…
2Cases cited16 opinions
- Briscoe v. BronaughTexas Supreme Court · 1846
- Ables v. DonleyTexas Supreme Court · 1852
- Bailey's Adm'r v. WhiteTexas Supreme Court · 1854
- Jordan v. BrophyTexas Supreme Court · 1874
- Gilliard v. ChessneyTexas Supreme Court · 1855
11 more not listed; retrieve them via the Exa API.