Lichtenstein Bros. v. Loewnstein & Elias
Texas Commission of Appeals
Appeal from Galveston county. Opinion by Walker; J. Statement.— This suit was brought by appellants, who reside in Hew York city, against appellees, who reside in Galveston, Texas, June 22, 1875, on four promissory notes aggregating 82,634.55, subject to a 'credit of §790.36, and an attachment was run on nine casks of merchandise alleged to have been secreted in Houston, Texas, by appellee.
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Appeal from Galveston county. Opinion by Walker; J. Statement.— This suit was brought by appellants, who reside in Hew York city, against appellees, who reside in Galveston, Texas, June 22, 1875, on four promissory notes aggregating 82,634.55, subject to a 'credit of §790.36, and an attachment was run on nine casks of merchandise alleged to have been secreted in Houston, Texas, by appellee. Appellees answer that on the 18th of June, 1875, they had fully paid and satisfied the notes sued on, and had obtained from appellants a receipt in full of said notes, and they plead in reconvention for…
1Opinion of the Court
Opinion.— It is clear that the verdict of the jury is not contrary to the evidence, if the statements of the witnesses are to be credited, and besides, to entitle the plaintiffs to avoid their agreement of compromise at thirty cents on the dollar, it was necessary to show that their agent should have relied on the truth of the defendants’ representations concerning the facts on which the compromise was based, and that his action in accepting the offer of thirty cents was induced by such reliance, and the credibility of said agent’s testimony on the whole subject was the proper subject of the…
2Cases cited16 opinions
- Briscoe v. BronaughTexas Supreme Court · 1846
- Ables v. DonleyTexas Supreme Court · 1852
- Bailey's Adm'r v. WhiteTexas Supreme Court · 1854
- Jordan v. BrophyTexas Supreme Court · 1874
- Gilliard v. ChessneyTexas Supreme Court · 1855
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