Stell v. Paschal
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. Z. Horton. October 6, 1870, Daniel A. Paschal sued R. M. Stell, alleging that on 28th September, 1870, Stell “ did wrongfully and forcibly take from the possession” of one James Horton, plaintiff’s agent, a certain cotton press, the property of plaintiff, and which press Horton was hauling to Kaufman county*from Tyler, in Smith county. Judgment was asked for the wagon, or its value, damages, &c.
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Appeal from Smith. Tried below before the Hon. Z. Horton. October 6, 1870, Daniel A. Paschal sued R. M. Stell, alleging that on 28th September, 1870, Stell “ did wrongfully and forcibly take from the possession” of one James Horton, plaintiff’s agent, a certain cotton press, the property of plaintiff, and which press Horton was hauling to Kaufman county*from Tyler, in Smith county. Judgment was asked for the wagon, or its value, damages, &c. Stell answered that he was the administrator of the estate of B. H. Hambrick, and, as such, he claimed the right to the possession of the cotton press,…
1Opinion of the Court
Moore, Associate Justice.
It is evident from the amount of the verdict the jury gave to appellee vindictive damages, or allowed him the amount of profits which he supposed he would have realized by the use of his gin, but for the wrongful detention by appellant of the press sued for. On either hypothesis it is quite manifest that the verdict is erroneous. That in a suit of this kind parties cannot recover for imaginary and speculative profits which they might, it is hypothetically supposed, have realized but for the wrongful acts of which they complain, is too manifest for discussion. It is…
2Cases cited4 opinions
- Bell v. CunninghamSupreme Court of the United States · 1830
- Conard v. Pacific Ins. Co. of NYSupreme Court of the United States · 1832
- Gillies v. WoffordTexas Supreme Court · 1861
- Brown's Adm'r v. TylerTexas Supreme Court · 1871
3Cited by6 opinions
- Wagner Supply Co. v. BatemanTexas Supreme Court · 1929
- Oakland Bank of Savings v. California Pressed Brick Co.California Supreme Court · 1920
- Jordan v. MyresCalifornia Supreme Court · 1899
- Coleman v. WarrenTexas Supreme Court · 1878
- Couch v. ParkerCourt of Appeals of Texas · 1883
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