Kaufman & Runge v. Armstrong
Texas Supreme Court
Appeal from Llano. Tried below before Hon. A. W. Hoursund. This was an action brought by W. L. Armstrong against Kaufman & Runge for the recovery of two thousand dollars actual damages and eight thousand dollars punitory damages for the alleged unlawful and malicious suing out of a writ of attachment and the levy of the same upon a stock of goods alleged to have been the property of Armstrong.
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Appeal from Llano. Tried below before Hon. A. W. Hoursund. This was an action brought by W. L. Armstrong against Kaufman & Runge for the recovery of two thousand dollars actual damages and eight thousand dollars punitory damages for the alleged unlawful and malicious suing out of a writ of attachment and the levy of the same upon a stock of goods alleged to have been the property of Armstrong. There was a trial before a jury resulting in a verdict for plaintiff in the sum of two thousand dollars actual damages. Plaintiff entered a remittitur of two hundred and fifty dollars. Judgment was…
1Opinion of the Court
Stayton, Chief Justice.
The ground for suing out the attachment which is made the basis of this action for damages actual and exemplary was that appellee was about to dispose of his property with intent to defraud his creditors, and it is urged that the court below should not have admitted evidence which showed that appellee had used all money received in his business as a merchant, other than such as was necessary for the support of his family, in paying off indebtedness.
The admission of such evidence in such a case was proper.
Appellants proposed to prove by several witnesses that appellee…
2Cases cited2 opinions
- Thomas v. WomackTexas Supreme Court · 1855
- Boyd v. BellTexas Supreme Court · 1888
3Cited by28 opinions
- Mead v. Johnson Group, Inc.Texas Supreme Court · 1981
- T. N. O. R. R. Co. v. SyfanTexas Supreme Court · 1898
- Dorr Cattle Co. v. Des Moines National BankSupreme Court of Iowa · 1905
- Curtis v. CareyCourt of Appeals of Texas · 1965
- Southwest Bank & Trust Co. v. Executive Sportsman Ass'nCourt of Appeals of Texas · 1972
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