Legal Opinion

Kennedy v. Bender

Court of Appeals of Texas

Decided February 1, 1911PublishedCited by 7 opinions

Appeal from District Court, Harris County; N. G. Kittrell, Judge. Action by J. M. Bender against Edward Kennedy and another. From a judgment for plaintiff, defendants appeal.

1Opinion of the Court

This is an appeal from a judgment of the district court in an action instituted by J. M. Bender against Edward Kennedy and J. C. McKallip to recover $400 actual and $500 exemplary damages, based upon the alleged fraud of defendants in inducing plaintiff to purchase certain shares of stock in an insolvent corporation. The trial, with a jury, resulted in a verdict and judgment for plaintiff for $400 actual and $250 exemplary damages, from which judgment, their motion for a new trial being overruled, defendants appeal.

The petition charged: "That heretofore, on the 7th day of September, 1906, or…

2Cases cited4 opinions

  1. Simon v. Goodyear Metallic Rubber Shoe Co.Court of Appeals for the Sixth Circuit · 1900
  2. Kingman & Co. v. StoddardCourt of Appeals for the Seventh Circuit · 1898
  3. McDonough v. WilliamsSupreme Court of Arkansas · 1905
  4. Minter v. HawkinsCourt of Appeals of Texas · 1909

3Cited by7 opinions

  1. Uvalde Construction Co. v. JoinerTexas Supreme Court · 1939
  2. Roy Klossner Company v. McIntireCourt of Appeals of Texas · 1957
  3. Mack Mfg. Co. v. OedingCourt of Appeals of Texas · 1922
  4. Pearsons v. Washington CollegeTennessee Supreme Court · 1914
  5. Marantz v. WeisbergCourt of Appeals of Texas · 1930

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