Ellis v. A. S. Valentine & Son
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. W. H. Stewart. This suit was filed by appellants, January 17, 1885, against A. S. Valentine & Son, and their sureties on an indemnity bond and the sheriff, for unlawfully seizing and converting a lot of goods valued at $1,091.20, and alleged to have been seized December, 23, 1884. Defendants answered by general demurrer, general denial, not guilty, and special plea that the goods were transferred to plaintiffs by Boss &…
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Appeal from Galveston. Tried below before the Hon. W. H. Stewart. This suit was filed by appellants, January 17, 1885, against A. S. Valentine & Son, and their sureties on an indemnity bond and the sheriff, for unlawfully seizing and converting a lot of goods valued at $1,091.20, and alleged to have been seized December, 23, 1884. Defendants answered by general demurrer, general denial, not guilty, and special plea that the goods were transferred to plaintiffs by Boss & Bussell, on December 20,1884, with intent to hinder, delay and defraud their creditors, of which intent plaintiffs had…
1Opinion of the CourtStayton, Associate Justice
Under the evidence in this case, there can be no doubt that Ross & Russell sold their entire stock of goods to L. A. Ellis, and that, as the consideration, the latter can-*542celled a debt of $7,611.80, due to him by them, and contracted to pay, and actually did pay, on the indebtedness of Boss & Bussell to the Texas Banking and Insurance company, the sum of $19,996.68. Some of the money owing to the bank was past due, and the residue soon maturing. By the terms of the contract, Ellis was not to pay to the bank, indebtedness for which it held collateral securities.
The evidence further shows that…
2Cases cited12 opinions
- Gus. Lewy & Co. v. FischlTexas Supreme Court · 1886
- Giddings v. SearsMassachusetts Supreme Judicial Court · 1874
- Auburn Exchange Bank v. FitchNew York Supreme Court · 1867
- Edrington v. RogersTexas Supreme Court · 1855
- Schneider & Davis v. SansomTexas Supreme Court · 1884
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3Cited by44 opinions
- Quinn v. DupreeTexas Supreme Court · 1957
- Adams v. WilliamsTexas Supreme Court · 1923
- Hamburg v. O. P. Wood & Co.Texas Supreme Court · 1886
- Rivera v. White, GuardianTexas Supreme Court · 1901
- Black v. VaughanTexas Supreme Court · 1888
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