LeGierse & Co. v. Kellum

Citations

• 66 Tex. 242
• 18 S.W. 509
• 1886 Tex. LEXIS 492

Syllabus

<p>1. Limit of liability—Injury—Necessary allegations—A failing debtor transferred his goods to a creditor whom he desired to save from loss, the creditor agreeing, when his claim was satisfied, to return the remainder of the proceeds to the debtor, which he did. In an action against this creditor by another of the debtor’s creditors, there was no .assertion of title in or lien upon the goods, nor was it sought to have the sale declared fraudulent, and the property or its proceeds subjected to levy. The petition alleged that defendant had conspired with the debtor to defraud plaintiff, receiving and concealing property out of which plaintiff could have made his debt, and prayed fora personal judgment against defendant for the amount of plaintiff’s claim. Held, In contemplation of law, the plaintiff had sustained no injury. He had not been deprived of any right, but of an opportunity to secure a right. (Authorities cited.)</p>