Kauffman & Runge v. Babcock

Citations

• 67 Tex. 241
• 2 S.W. 878
• 1887 Tex. LEXIS 857

Syllabus

<p>1. Attachment—Measure of Damages.—The owner of goods seized under an attachment wrongfully sued out is entitled to eight per cent interest on the value of the goods during the time they are in the hands of the sheriff, as actual damages.</p> <p>2. Charge—Construction .—Instructions of the court should be taken as a whole, and each part construed in connection with the rest.</p> <p>3. Damages — Unlawful Business. — No exemplary damages can be recovered for injury to a plaintiff’s business or reputation as keeper of a gambling house, and where he carries on other business in connection with his gambling house, the jury should be so charged as to prevent them from considering the damages to the latter.</p> <p>4. Attachment—Damages—Evidence.—In a damage suit for the wrongful levying of an attachment, plaintiff can prove his business capacity, 16 —Tex. Apr. lxvii. good credit, amount of liabilities, capital in business and profits. The value of his credit is a conclusion to be drawn from these facts by the jury, and plaintiff can not testify as to what it was worth to him. (Turner v. Strange, 56 Texas, 143, etc.)</p>