Phelps & Johnson v. Zuschlag
Texas Supreme Court
Cross-appeals from Travis. Tried below before the Hon. J. J'. Thornton. This action was brought by PheIps-& Johnson against Zuschlag, in November, 1858, on five promissory notes, executed November 13, 1858, and aggregating $1202 25. The pleadings subsequent to the petition were numerous, voluminous and replete with repetition.
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Cross-appeals from Travis. Tried below before the Hon. J. J'. Thornton. This action was brought by PheIps-& Johnson against Zuschlag, in November, 1858, on five promissory notes, executed November 13, 1858, and aggregating $1202 25. The pleadings subsequent to the petition were numerous, voluminous and replete with repetition. Zuschlag answered, in substance, that the notes were founded on no consideration, and were procured by duress of imprisonment, the imprisonment being unlawful, malicious and without cause. He answered further that under the same duress he had also executed a deed to the…
1Opinion of the CourtOgden, J.
The appellants instituted suit in the court below against the appellee, on five several promissory notes, and for the recovery of one-half of lot three, in block ninety-seven, in the city of Austin. Hancock &' West and Sublett & Hamilton intervened, claiming the half lot by deed from Zuschlag.
Judgment was rendered in the court below against Zuschlag, and in favor of Phelps & Johnson, for $2429 15, and against Phelps & Johnson and in favor of the intervenors, for the half lot of land; and from which judgment both Zuschlag and Phelps 6 Johnson have appealed.
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2Cases cited1 opinion
- McGowen v. BushTexas Supreme Court · 1856
3Cited by13 opinions
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- Stewart v. AndersonTexas Supreme Court · 1888
- Rockhold v. Lucky Tiger Oil Co.Court of Appeals of Texas · 1927
- Thompson v. NiggleySupreme Court of Kansas · 1894
- Sanford v. SornborgerNebraska Supreme Court · 1889
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