Allen v. Carpenter
Texas Supreme Court
Appeal from Wise. Tried below before the Hon. F. E. Finer. J. C. Carpenter, who was the plaintiff below, brought this suit in the county court of Wise county, against T. E. Allen, sheriff of that county, and Gus. Lewy & Co., a firm composed of Gus. Lewy and M. Lasker, for the value of a stock of saloon goods, levied on by a writ of attachment in favor of Gus.
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Appeal from Wise. Tried below before the Hon. F. E. Finer. J. C. Carpenter, who was the plaintiff below, brought this suit in the county court of Wise county, against T. E. Allen, sheriff of that county, and Gus. Lewy & Co., a firm composed of Gus. Lewy and M. Lasker, for the value of a stock of saloon goods, levied on by a writ of attachment in favor of Gus. Lewy & Co. and against T. H. Cummins; Carpenter claimed that the goods belonged t'o him; alleged their value to be $900.00; and, also, claimed $100.00 as vindictive damages. Defendants answered by general denial, and specially, that on…
1Opinion of the CourtWillie, Chief Justice
Ho assignment of error insisted on in this court questions the sufficiency of the evidence to show that Carpenter bought the goods in question from Cummins without knowledge of any intent on the part of the latter to defraud his creditors, or of facts that would have put him upon inquiry as to such intention. Indeed, it is not even assigned that the proof shows any intent on Cummins’ part to defraud his other creditors by making the sale to Carpenter.
The objection is that the court, by its own charge, and by refusmg charges asked by the appellants, held that a creditor might receive from an…
2Cases cited3 opinions
- Ellis v. A. S. Valentine & SonTexas Supreme Court · 1886
- Gus. Lewy & Co. v. FischlTexas Supreme Court · 1886
- Greenleve, Block & Co. v. BlumTexas Supreme Court · 1883
3Cited by9 opinions
- Rogers v. LancasterTexas Commission of Appeals · 1923
- Jackson v. Citizens Bank & Trust Co.Supreme Court of Florida · 1907
- Terry v. SpearmanTexas Commission of Appeals · 1924
- P. J. Peters Saddlery & Harness Co. v. Schoelkopf & Co.Texas Supreme Court · 1888
- Jackson v. HarbyTexas Supreme Court · 1888
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