O. K. Krause & Co. v. Marx

23 S.W. 708, 5 Tex. Civ. App. 397, 1893 Tex. App. LEXIS 613

• Court: Court of Appeals of Texas
• Decided: October 25, 1893
• Docket: No. 53.
• Status: Published

Opinion

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, 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.