P. J. Willis & Bro. v. Morris
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. II. Stewart. Suit byP. J. Willis & Bro., on three notes signed by appellee and one Franklin, who, not being served, was dismissed.
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Appeal from Galveston. Tried below before the Hon. Wm. II. Stewart. Suit byP. J. Willis & Bro., on three notes signed by appellee and one Franklin, who, not being served, was dismissed. By amended original answer appellee alleged that P. J. Willis & Bro. and other creditors had, some two years before, levied attachments on his stock of merchandise, and afterwards agreed that he might sell the stock to one Christian, who was to give his notes to the creditors and they to release their attachments, all of which was done, and afterwards others of his creditors attached the stock in Christian’s…
1Opinion of the Court
Walker, P. J. Com. App.
The first error assigned is that the court erred in finding as a fact on which to base its conclusion of law, that defendant, A. L. Morris, “ was simply carrying out his former secret agreement with plaintiffs to pay them one hundred cents on the dollar,” in that Morris testified in his own behalf that he “ made the secret agreement with Willis & Bro.’s agent in order to get their signature to the composition. When he promised to give the extra fifty per cent, to Willis de Bro. he did not intend to do so, and signed the notes under the coercion of threats and by reason…
2Cases cited8 opinions
- De Leon v. Manuel Trevino & Bro.Texas Supreme Court · 1878
- Jordan v. BrophyTexas Supreme Court · 1874
- Lawton v. ChaseMassachusetts Supreme Judicial Court · 1871
- Fay v. FayMassachusetts Supreme Judicial Court · 1877
- Sternburg v. BowmanMassachusetts Supreme Judicial Court · 1869
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gourley v. TylerCourt of Appeals of Texas · 1891
- Brown & Franklin v. Everett Ridley Ragan Co.Supreme Court of Georgia · 1900
- Dicks v. AndrewsSupreme Court of Georgia · 1909
- Texarkana Nat. Bank v. HubbardCourt of Appeals of Texas · 1938
- Abernathy Rigby Co. v. McDougle, Cameron & Webster Co.Court of Appeals of Texas · 1916
8 more not listed; retrieve them via the Exa API.