Heidenheimer v. Beer
Court of Appeals of Texas
Appeal from District Court, Travis County ; Geo. Calhoun, Judge. Action by Henry Beer and others against I. Heidenheimer, Jr. From a judgment for plaintiffs, defendant appeals.
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Appeal from District Court, Travis County ; Geo. Calhoun, Judge. Action by Henry Beer and others against I. Heidenheimer, Jr. From a judgment for plaintiffs, defendant appeals. The nature and result of this suit are stated as follows in appellant’s brief: “Ap-pellees Henry Beer, Edgar Bright, J. William Barkdull, and C. Morgan, plaintiffs below, brought this suit in the district court of Travis county, Tex., Fifty-Third judicial district, against I. Heidenheimer, Jr., and L. Strassburger for a debt in the sum of $1,500, with interest at the rate of 6 per cent, per annum from March IS, 1910,…
1Opinion of the Court
KEY J.
(after stating the facts as above). Appellant’s first assignment of error complains because the trial court overruled his demurrer to appellees’ petition, the contention being that the petition shows upon its face that appellees were seeking to enforce or obtain a benefit resulting from an illegal contract between the parties. The right of recovery asserted in the petition is not founded upon the contract referred to, but is based upon the fact that, on account of a mistake in bookkeeping, appellees had paid to appellant a certain sum of money that they did not owe him, and to which he…
2Cases cited10 opinions
- Floyd v. PattersonTexas Supreme Court · 1888
- Beer v. LandmanTexas Supreme Court · 1895
- Seeligson v. Lewis & WilliamsTexas Supreme Court · 1885
- De Leon v. Manuel Trevino & Bro.Texas Supreme Court · 1878
- Gulf, Colorado & Santa Fe Railway Co. v. JohnsonTexas Supreme Court · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- American General Ins. Co. v. NanceCourt of Appeals of Texas · 1933
- Smothers v. GawlikCourt of Appeals of Texas · 1948
- Cook v. StateCourt of Criminal Appeals of Texas · 1923
- Freeman v. Commercial Union Assurance CompanyCourt of Appeals of Texas · 1958
- Massachusetts Bonding & Ins. Co. v. GottliebTexas Commission of Appeals · 1929
11 more not listed; retrieve them via the Exa API.