Gus. Lewy & Co. v. Fischl
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. J. B. McFarland. On November 18, 1884, Marek & Marek were indebted to Gus. Lewy & Co. in the sum of $1,400.29. On that date Marek & Marek sold their entire stock of goods (valued by them at $4,200) to Joseph Fischl, the consideration being an indebtedness to Fischl, of $3,000, and certain debts that Fischl assumed to pay. On November 20, 1884, Gus.
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Appeal from Washington. Tried below before the Hon. J. B. McFarland. On November 18, 1884, Marek & Marek were indebted to Gus. Lewy & Co. in the sum of $1,400.29. On that date Marek & Marek sold their entire stock of goods (valued by them at $4,200) to Joseph Fischl, the consideration being an indebtedness to Fischl, of $3,000, and certain debts that Fischl assumed to pay. On November 20, 1884, Gus. Lewy & Co. sued out an attachment against Marek & Marek in the district court of Washington county, on the ground that they had transferred their property with the intent to defraud their…
1Opinion of the Court
Robertson, Associate, Justice.
Appellants brought suit by attachment, and caused the seizure of goods in the possession of appellee, who claimed under the statute, and thus this controversy arose between them.
Marek So Marek were the defendants in the attachment suit, and, before the commencement of the suit, had sold the property seized to the appellee, in consideration of the satisfaction of a debt claimed to be due by them to appellee and of appellee’s assumption of the payment of several other debts due by Marek & Marek.
Appellee testified, that he had been a dormant partner in the firm of…
2Cases cited4 opinions
- Bear Bros. & Hirsch v. Marx & KempnerTexas Supreme Court · 1885
- Cloud v. SmithTexas Supreme Court · 1846
- Leon & H. Blum v. WelborneTexas Supreme Court · 1882
- Keating v. VaughnTexas Supreme Court · 1881
3Cited by36 opinions
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- Kansas City Life Ins. Co. v. ElmoreCourt of Appeals of Texas · 1920
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