Warner v. Northwestern Fire & Marine Insurance

(after stating the facts as above). [1] The trial court found as a fact that Rudd paid appellant $265 for the release referred to in the statement above, but concluded as a matter of law that “there was no consideration for the release.” The explanation of the apparent inconsistency lies in the fact, it is assumed, that the court thought the payment of any sum less than the total amount of the judgment was not a sufficient consideration for the release. But, as we understand it, that is not the law in this state. Merchants’ Nat. Bank v. McAnulty (Tex. Civ. App.) 31 S. W. 1091; Id., 33 S. W.…