Kaufman & Runge v. Wicks
Texas Supreme Court
Appeal from Robertson. Tried below before the Hon. W. E. Collard. Kaufman & Runge, in September, 1876, brought suit against James Wicks, a merchant of Rockdale, to recover $1,690.32, with interest from the 24th of January, 1876, the balance claimed to be due on a mercantile account for moneys advanced and goods sold Wicks during the cotton seasons of 1875 and 1876, after crediting his account with the proceeds of one hundred and seventy-two bales of cotton shipped to them by…
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Appeal from Robertson. Tried below before the Hon. W. E. Collard. Kaufman & Runge, in September, 1876, brought suit against James Wicks, a merchant of Rockdale, to recover $1,690.32, with interest from the 24th of January, 1876, the balance claimed to be due on a mercantile account for moneys advanced and goods sold Wicks during the cotton seasons of 1875 and 1876, after crediting his account with the proceeds of one hundred and seventy-two bales of cotton shipped to them by Wicks and sold for his account. Appellee set up that plaintiffs’ account was unjust; that he had shipped them a large…
1Opinion of the Court
Watts, J. Com. App.
According to the case made by the averments of the answer or cross-bill of appellee, damage for wrongfully suing out the attachment in Louisiana, as well as the malicious resort to that process, were combined in the same count.
The claim for damage for the wrongful use of the process, and that for the malicious use of the same, are not distinguished one from the other by the averments of the answer. But it is therein claimed that the writ was wrongfully and maliciously sued out, and that appellee was thereby damaged to the amount named; and the case was in the same manner…
2Cases cited2 opinions
- Culbertson v. CabeenTexas Supreme Court · 1867
- Wiley v. TraiwickTexas Supreme Court · 1855
3Cited by9 opinions
- Cobb v. JohnsonTexas Supreme Court · 1908
- Fryckberg v. ScottCourt of Appeals of Texas · 1919
- Hale v. BarnesCourt of Appeals of Texas · 1913
- Mallette v. Fort Worth Pharmacy Co.Court of Appeals of Texas · 1899
- Streetman v. LasaterCourt of Appeals of Texas · 1916
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