Garnishee v. Wm. Hendley & Co.
Texas Commission of Appeals
Appeal from Washington. Tried below before the Hod. E. B. Turner. Hendiey & Co. brought suit against P. M. Daniel' in the district court of Washington, on 23d October, 1876, on an account due them, and one due Cannon & Williams, assigned to them. On 23d ¡November 1876, a writ of garnishment was sued out against J. T. Swearingen.
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Appeal from Washington. Tried below before the Hod. E. B. Turner. Hendiey & Co. brought suit against P. M. Daniel' in the district court of Washington, on 23d October, 1876, on an account due them, and one due Cannon & Williams, assigned to them. On 23d ¡November 1876, a writ of garnishment was sued out against J. T. Swearingen. Judgment by default was rendered in favor of Hendiey & Co. against Daniel for $1,802.64, 4th August, 1877. On 6th January, 1877, Swearingen, answered the writ of garnishment, stating that on the 10th August, 1876, the defendant Daniel executed to him a deed of…
1Opinion of the CourtQuinan, J.
Hpon the trial it appeared in testimony: Daniel was a retail merchant in Brenham. Previous to the year 1874 he had been in business with one O. M. Daniel, at the same stand. C. M. Daniel died that year, and P. M. Daniel bought out his interest in the concern from his widow and continued the business. In 1876 his health failed. He was afflicted with asthma, and unable for weeks to attend at his store. He was unsuccessful in business. It is admitted that he was then in failing circumstances. He determined to close up his business and leave Brenham. He swears that he was induced to this by his…
2Cases cited2 opinions
- Baldwin v. Peet, Sims & Co.Texas Supreme Court · 1859
- Higgins v. RectorTexas Supreme Court · 1877