P. J. Willis & Bro. v. Lowry
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. Felix J. McCord. This was a suit by P. J. Willis & Bro. on two notes, accompanied by attachment proceedings. The defendant, F. L. Lowry, reconvened for actual and exemplary damages. On the trial the amount of the two notes ($2288.85) was adjudged in favor of Willis & Bro., and the sum of $2980.27 adjudged in favor of defendant, Lowry, as actual damages.
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Appeal from Smith. Tried below before the Hon. Felix J. McCord. This was a suit by P. J. Willis & Bro. on two notes, accompanied by attachment proceedings. The defendant, F. L. Lowry, reconvened for actual and exemplary damages. On the trial the amount of the two notes ($2288.85) was adjudged in favor of Willis & Bro., and the sum of $2980.27 adjudged in favor of defendant, Lowry, as actual damages. This left the net judgment of Lowry, defendant, against Willis, plaintiff, $641.42. The issues made on the trial involved the question as to the existence of grounds for suing out the attachment.…
1Opinion of the Court
Willie, Chief Justice.
The charge of the court on the measure of damages was in exact accordance with frequent decisions of this court upon the question. It will not be necessary to notice the objections made to it, further than to cite the cases in which these decisions were made. Block v. Sweeney, 63 Tex., 425; Tucker v. Hamlin, 60 Tex., 174; Blum v. Merchant, 58 Tex., 400; Wallace v. Finberg, 46 Tex., 35; Weaver v. Ashcroft, 50 Tex., 427.
There was no error in refusing special charge Ho. 4, asked by appellants. A solvent merchant has surely the right to dispose daily of his goods, and to use…
2Cases cited3 opinions
- Wallace & Co. v. FinbergTexas Supreme Court · 1876
- Blum v. MerchantTexas Supreme Court · 1883
- Weaver v. AshcroftTexas Supreme Court · 1878
3Cited by14 opinions
- Bell v. BlackwellTexas Commission of Appeals · 1926
- Gulf, Colorado & Santa Fe Railway Co. v. BrownCourt of Appeals of Texas · 1897
- Ware v. JonesTexas Commission of Appeals · 1922
- Galveston, Harrisburg & San Antonio Railway Co. v. WashingtonCourt of Appeals of Texas · 1901
- La Grone v. Chicago, R. I. & G. Ry. Co.Court of Appeals of Texas · 1916
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