Muller v. Riviere
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. L. C. Alexander. The plaintiff in error sued in the district court of McLennan county for the sum of $3,450, due for moneys collected by defendant on two life insurance policies upon her deceased husband, George A. Muller, in favor of plaintiff in error as beneficiary, which sum, she alleged, had been collected by him, and that he had failed to account for the same.
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Appeal from McLennan. Tried below before the Hon. L. C. Alexander. The plaintiff in error sued in the district court of McLennan county for the sum of $3,450, due for moneys collected by defendant on two life insurance policies upon her deceased husband, George A. Muller, in favor of plaintiff in error as beneficiary, which sum, she alleged, had been collected by him, and that he had failed to account for the same. Answer, admitting the fact of collection, but pleading that at the time of George A. Muller's death, on June 10, 1876, he, the said George A. Muller, was indebted to defendant in…
1Opinion of the Court
Walker, P. J. Com. App.—
The charge of the court and the ruling upon the admissibility of evidence present the question "whether such a contract, verbally made, as that which the defendant’s answer alleges was made with him by the plaintiff for the payment of the debt of the plaintiff’s deceased husband, was or not. within the statute of frauds. It is insisted in the brief of appellant’s counsel that the plaintiff’s verbal promise was not made upon a sufficient consideration to create a liability for the payment of said debt, and was, therefore, within the statute; and also that, to constitute…
2Cases cited6 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Townsley v. SumrallSupreme Court of the United States · 1829
- Farley v. ClevelandNew York Supreme Court · 1825
- Fullam v. AdamsSupreme Court of Vermont · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Gulf Liquid Fertilizer Co. v. TitusTexas Supreme Court · 1962
- Brannin v. RichardsonTexas Supreme Court · 1916
- Bank of Garvin v. FreemanTexas Supreme Court · 1915
- Wood v. Canfield Paper Co.Texas Supreme Court · 1928
- First National Bank v. Greenville Oil & Cotton Co.Court of Appeals of Texas · 1901
38 more not listed; retrieve them via the Exa API.