Legal Opinion

Frosh v. Swett

Texas Supreme Court

Decided December 15, 1847PublishedCited by 13 opinions

All the material facts are stated in the opinion. in support of the demurrer, cited Smyth v. Lehie, 1 Const. 6; also 2 Mass. 441, 444: 7 Johns. 75; 1 Day, 315; 3 Halst. 69; 6 Martin, 6, 10. In reference to the plea of limitation, he cited the 3d, 4th and 5th sections of the statute, vol. 5 of laws, p. 164.

1Opinion of the CourtJustice Lipscomb

This suit was originally brought by Stewart, as administrator of Conroy. The petition sets out that at the time of the death of Conroy the defendant was largely indebted to him for goods, wares and merchandise, before that time sold and delivered, at the special instance and request of the said defendant Frosh, and plaintiff avers the amount of that indebtedness to be twelve hundred dollars. The petition further alleges that the said defendant was indebted to the intestate at the time of his death, the sum of one thousand dollars for money had and received at the special instance and request…

2Cited by13 opinions

  1. Whatley v. National Bank of CommerceCourt of Appeals of Texas · 1977
  2. Cooper v. HornerTexas Supreme Court · 1884
  3. Robinson v. DavenportTexas Supreme Court · 1874
  4. Adams v. TuckerColorado Court of Appeals · 1895
  5. Green v. John Dallahan & Co.Texas Supreme Court · 1881

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