Wegner Bros. v. E. J. Biering & Co.
Texas Supreme Court
Appeal from Galveston. Tried below before the Hón. Wm. H. Stewart. This suit was brought by E. J. Biering & Co. against Wegner Bros, on a promissory note for $1,300. Wegner Bros, resisted the claim on the ground that there was no consideration that was good in law to support the contract in the note.
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Appeal from Galveston. Tried below before the Hón. Wm. H. Stewart. This suit was brought by E. J. Biering & Co. against Wegner Bros, on a promissory note for $1,300. Wegner Bros, resisted the claim on the ground that there was no consideration that was good in law to support the contract in the note. Their defense was that the contract in the note had its origin in an unlawful undertaking on the part of Biering & Co. to make money out of Wegner Bros, and one William Pohl, by threatening a criminal prosecution, and agreeing to desist therefrom upon condition that they should be paid money by…
1Opinion of the Court
Robertson, Associate Justice.
The court below refused to submit to the jury any issue as to the consideration of the $1,000 note made by Pohl and indorsed by Wegner Bros. That note was, by all the proof, shown to be part of the consideration for the one in suit; the money it (the $1,000 note) promised was never paid, but was embraced in the promise sued upon, and is sought to be recovered in this suit.
That money, the plea alleges, was promised originally in consideration in part of the payees’ agreement not to prosecute Pohl for theft, and, if the plea is true, the plaintiffs in this suit seek…
2Cases cited4 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Seeligson v. Lewis & WilliamsTexas Supreme Court · 1885
- Pfeuffer v. MaltbyTexas Supreme Court · 1881
- Raguet v. WadeOhio Supreme Court · 1829
3Cited by48 opinions
- Hall v. EdwardsTexas Commission of Appeals · 1920
- Southern Casualty Co. v. MorganTexas Commission of Appeals · 1929
- Patrizi v. McAninchTexas Supreme Court · 1954
- Hartford Fire Ins. Co. v. Galveston, H. & S. A. Ry. Co.Texas Commission of Appeals · 1922
- W. T. Rawleigh Co. v. LandTexas Supreme Court · 1926
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