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O. K. Krause & Co. v. Marx

O. K. Krause & Co. v. M. Marx Et Al.

O. K. Krause & Co. v. Marx, 23 S.W. 708 (Tex. App. 1893)
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Court
Court of Appeals of Texas · State Appellate Courts
Decided
October 25, 1893
Docket
No. 53.
Judges
Finley
Citations
23 S.W. 7085 Tex. Civ. App. 3971893 Tex. App. LEXIS 613
Headnotes
Case Distinguished. — This case distinguished from Otto Heinze & Co. v. M. Marx et al., 4 Texas Civil Appeals, 599.
Summary
Appeal from Bowie. Tried below before Hon. John L. Sheppard. By agreement the briefs of the case of Otto Heinze & Co. v. M. Marx et al., supra, were filed in this cause. For briefs and facts additional to those stated below, see that case.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Finley

FINLEY, Associate Justice.

This is a companion case with the Otto Heinze & Co. and Manhattan Cloak and Suit Company cases, this day decided.

There is but one material difference in the facts of this case from the others named; but that difference is of such gravity as demands a different disposition of the case. In this case appellants brought suit in Lamar County on their entire account against Munzesheimer & Klein, except $180 worth of goods, which were stopped in transitu, without either giving credit or deducting the items of goods taken back in the claim suit, *398 and recovered judgment for the full amount sued for. This judgment had been fully satisfied at the time of the trial of this cause, and thereby appellants’ right to the property in question had been released and extinguished.

Delivered October 25, 1893.

The judgment of the lower court should be affirmed, and it is so ordered.

Affirmed.

This case did not reach the Reporter with the other October cases.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1906: 11909: 11932: 11933: 11937: 11958: 119062026peak 1906 · 1

Relies on it most ⓘ

  1. International & Great Northern Railway Co. v. Kent124 S.W. 179 (Tex. App. 1909)
  2. Texas Pacific Coal & Oil Co. v. Bridges110 S.W.2d 1248 (Tex. App. 1937)
  3. Hyde v. Atlanta & West Point Railroad169 S.E. 854 (Ga. Ct. App. 1933)
  4. Johnson v. Louisville & N. R. R.122 Ky. 487 (1906)
  5. Atlanta & West Point Railroad v. Hyde165 S.E. 466 (Ga. Ct. App. 1932)
  6. Stanolind Oil & Gas Company v. Mrs. Amy Lou Bassham Canada256 F.2d 829 (5th Cir. 1958)

Most recent

  1. Stanolind Oil & Gas Company v. Mrs. Amy Lou Bassham Canada256 F.2d 829 (5th Cir. 1958)
  2. Texas Pacific Coal & Oil Co. v. Bridges110 S.W.2d 1248 (Tex. App. 1937)
  3. Hyde v. Atlanta & West Point Railroad169 S.E. 854 (Ga. Ct. App. 1933)
  4. Atlanta & West Point Railroad v. Hyde165 S.E. 466 (Ga. Ct. App. 1932)
  5. International & Great Northern Railway Co. v. Kent124 S.W. 179 (Tex. App. 1909)
  6. Johnson v. Louisville & N. R. R.122 Ky. 487 (1906)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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