Rohrbough v. Leopold Bros. & Co.
Texas Supreme Court
Appeal from Grayson Tried below before the Hon. R. Maltbie. Suit by Leopold Bros. & Co., of Chicago, against I. Franklin and J. E. Rohrbough, to rescind a contract of sale of goods made by Leopold Bros. & Co. to Franklin in August, 1883. The grounds set forth for rescinding the conract were that Franklin in person purchased the goods from plaintiffs at their place of business; that plaintiffs were ignorant of Franklin’s financial condition, and before selling to him inquired…
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Appeal from Grayson Tried below before the Hon. R. Maltbie. Suit by Leopold Bros. & Co., of Chicago, against I. Franklin and J. E. Rohrbough, to rescind a contract of sale of goods made by Leopold Bros. & Co. to Franklin in August, 1883. The grounds set forth for rescinding the conract were that Franklin in person purchased the goods from plaintiffs at their place of business; that plaintiffs were ignorant of Franklin’s financial condition, and before selling to him inquired of the same; that Franklin, for the purpose of inducing plaintiffs to sell him the goods, and to obtain credit…
1Opinion of the Court
Gaines, Associate Justice.
We think the court erred -in overruling the motion to quash the writ of sequestration on .the ground of the insufficiency of the bond. In Schrimpf v, McArdle, 13 Texas, 368, an attachment bond very similar to the one before us was held defective, because it did “not correctly describe the parties or the suit.” It is said by a recent text writer that the plaintiff in an attachment bond “should insert what is necessary to identify the bond with the suit.” (Waples on Attachment, 118.)
The writ of sequestration takes the property from the party in possession, to be held…
2Cases cited4 opinions
- Sparks v. DawsonTexas Supreme Court · 1877
- Cheatham v. RiddleTexas Supreme Court · 1852
- O'Neil v. Wills Point BankTexas Supreme Court · 1886
- Schrimpf v. McArdleTexas Supreme Court · 1855
3Cited by15 opinions
- American Freehold Land Mortgage Co. of London v. PaceCourt of Appeals of Texas · 1900
- Parma v. First Nat. Bank of CameronTexas Commission of Appeals · 1933
- J. N. Mitchell & Co. v. Bloom, Cohn & Co.Texas Supreme Court · 1898
- Hall & Brown Wood Working MacHine Co. v. BrownTexas Supreme Court · 1891
- Williams v. GivinsCourt of Appeals of Texas · 1928
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