P. J. Willis & Bro. v. Lowry

Citations

• 66 Tex. 540
• 2 S.W. 449
• 1886 Tex. LEXIS 559

Syllabus

<p>1. Attachments—Measure of damages—The measure of damages for wrongful attachment of goods is the market value of the goods at the time the attachment was served, with legal interest. (Following Tucker v. Hamlin, 60 Tex., 174, etc.)</p> <p>2. Same—Daily sales—Disposition of proceeds—A solvent merchant has the right to dispose daily of his goods and to use the money for his own private purposes, and place it where it can not be reached by his creditors except at his own pleasure. He may not intend to pay this particular money out to his creditors, and yet an attachment' will not lie against him. See facts for charge properly refused.</p> <p>3. Improper language of counsel—A judgment will not be reversed because improper language was addressed by counsel to the jury, unless the verdict is against the weight of evidence, or excessive.</p>