Grabenheimer v. Blum
Texas Supreme Court
Appeal from Houston. Tried below before the Hon. John E. Kennard. Suit by appellees against appellant for $1,030.17, balance of open account. Appellees sued out a writ of attachment.
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Appeal from Houston. Tried below before the Hon. John E. Kennard. Suit by appellees against appellant for $1,030.17, balance of open account. Appellees sued out a writ of attachment. Appellant answered and set up a release and judgment in bar of plaintiffs’ action, as follows: He admitted that on January 24,1882, he was indebted to appellees over $3,000, including the balance now sued for; but alleged that on December 26, 1881, he made an assignment for the benefit of his creditors, and delivered his effects to the assignee; that on December 28, 1881, appellees brought suit on the…
1Opinion of the Court
Walker, P. J. Com. App.
The first assignment of error is that the court erred in overruling defendant’s demurrer and exceptions to plaintiffs’ first supplemental petition. The exceptions may be considered in their order. The first is that the pleadings of plaintiffs admit that the cause of action sued on, to wit, balance due on account, has been settled and discharged, and show that, if plaintiffs have any cause of action by reason of the fraud and misrepresentations alleged against defendant, that the same is for damages for such fraud, and not on the original cause of action.
The prayer for…
2Cases cited17 opinions
- Wintz v. MorrisonTexas Supreme Court · 1856
- Whitney v. AllaireNew York Supreme Court · 1847
- Jewett v. PetitMichigan Supreme Court · 1857
- Warren v. ColeMichigan Supreme Court · 1867
- Page v. WellsMichigan Supreme Court · 1877
12 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Rosenbaum v. Texas Bldg. & Mortg. Co.Texas Commission of Appeals · 1943
- Rosenbaum v. Texas Building & Mortgage Co.Texas Supreme Court · 1943
- Nysewander v. LowmanIndiana Supreme Court · 1890
- Johnson v. CulverIndiana Supreme Court · 1888
- Hallwood Cash Register Co. v. BerryCourt of Appeals of Texas · 1904
47 more not listed; retrieve them via the Exa API.