Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-04-19
@ Spring suits. H ST.

was executed hy the defendants, but
there Is a full statement OF facts, and
from that II appears that the bond made
the basis of the suit was introduced in
evidence There WAS no pleading deny
ing its execution nor objection TO its In
production; and that the court did not in
the finding state that Il was executed by
the defendants is matter Of no impor-
lance. Affirmed. Opinion by Stayton, j.
| l.. & H. Blum VS. III Il. Simpson, APP
\ peal from Bell. II not appearing that |
/ Simpson had actual knowledge that the /
I sale TO him was In fraud of his creditors, |
the only question Is as to whether he was /
In possession of such facts as to arouse |
his suspicious as TO such fraudulent in |
tent on the part Of his vendee. II was |
shown that he bought for less than value, |
and this induced him to purchase; 1t was
not In the usual course of trade and With |
out any inventory; the seller was doing a
prosperous business at the time and had
Just bought new goods; the sale included
goods not yet received and the store.
house In which the seller was doing bust
ness; the purchase money not paid Ia
cash was in notes not payable TO the
seller, but to his nonresident brother,
and were payable to bearer in
stead of to order; the purchaser
made no enquiry as to whether the seller
owed any debts but said IL was none of
his business and he did not care These
evidences were sufficient to put him upon
+, inquiry. The verdict is against the evil
dence Appellee scounsel INDUCED In the
following language: "Counsel Tor plain
tln can take his bill ii he likes TO hear
what am about to say; it Is also Il mat
ter Of history that over 1900 years ago, a
certain set of men crucifed our Savior
I and afterwards cast lots for his railnent,
y and this same set of men, the Jews, have
! been dealing in old cloths for u
u living ever since and grinding the faces Of
', the poor and unfortunate. l. & II. Blum,
u the plaintiffs, belong to this same set OF
u men" This language was not warranted
: by the evidence in the case, and was not
= justified Oy the previous remarks of op
70 posing counsel, that the defendant had
I been for long time indebted 10 the
- Biums. The verdict Is so little in accord
~ ance with the evidence, that it is highly
!. probable that 1t must have Influenced the
~ Jury. Reversed and remanded Opinion
- by Willie, CD.
y w. Il. Leath vs.. Utley s Lemp, appea
~ from Leath and one NJ. were
" Joint owners of bus, harness and two
y, hors s. The property was parhtloneC
- aud aftcrward Leath becoming the abso
10 lutte owner Of the bus and harness, The
4 were taken by NJ. to become his upon the
as payment VI nls noVe ,ot 'ne,i Paoo :,
Y. Leatn ~ maturity; .h's no'o mae NJ
palu AT niatutlty Sucn ~ "es Nsteeu ~
al writihg lnat Ae ,St snouiu nav sne ou
T. ahu harnesS 1uo nv.o na' ius p"'' my r,,'
n M, sol1 10 otvy anu ne ~ i gh1l ai 4;
ed sun Is oy .casn " ieG"sei ~ oa r.
BY ilke INC Nhsohai DUN 70 49,, %
in no. my ia -,
TO Leath. Ihat Lehip ma ~
he n0tce Oh Leatls SlaiI uoes no
he AFFECT tne latters tlti1' heyelseu ah'
in rendered. opinion Ny hooeItson' ..
to w B WorsnaH VS., Stevens, appea
to from ----' ms action was upon
lis note containing PROVISION autlo, w. N ~
OF any attorney 70 confess IuasinruS .,, ~ Wv
I'M money should nov DC Paiu' - was " so 81
n ecuteu PRIOR 10 tne act Vi Nia,on 10, ioeo
az The CONTRACT LOT tne remedy was iin
nd paired ana rendered ihopetatVe oy th
or act; but inns klna Oh cuhtract Vows ~
lis come wllhlh tne class maui lnNiolupis y
by the organic Jaw. SonVLag.s i in.euueu y
d. DC protecteu iron ieSlsIa''Ee ~,
are those lnfoNlns Pi'pei,!
sal terests. inc contract "urt w ~
AS OF whicn va'ue nlay oe a,nam'u Go,
IN. agreemene lnas an a a m"y n,o ,n
as Souis aau e NY, Je,,isnah,s r. IL h yJo
is uei ls ,u 10 NOV aG daU,"os /, ind%men
in aleu enere % ~ us,nasen - tor
RS. eau oe ieoosei ~ 49,, q. ~ snhisct q
Dg ne Plu1ess VI Oouits 20 nv ,rIoaad,pas q
OF inylolapie consla.s' anu p pnhitc concsr,
of the couIls aie VI
II auu W gqaia ~ padsf, e., ~ ,pe ~ cit
nd, may nos r, pe iet.e ht y,Sa,a% tnr Nv ~
in ems inc b rignS s. apsopceshle a. IN