Weaver v. Ashcroft

Citations

• 50 Tex. 427

Syllabus

<p>1. Fraudulent sale—Charge of court.—See instructions held defective, as failing to submit the issue whether a transfer of a stock of goods was fraudulent.</p> <p>2. Same.—See facts in which a charge submitting to the jury whether the transfer was a justifiable preference of a certain class of creditors Of the party making the transfer was held erroneous.</p> <p>3. Partnership debts—Assignment by partner.—One member of the firm assigned his interest in the partnership stock; the stock was seized, by attachment against the party malting the transfer, at suit of an individual creditor: Held, That it was error to submit as a controlling issue whether the assignment was made for preference of the partnership creditors.</p> <p>4. Same.—Such transfer destroyed the right of preference by partnership creditors to so much of the firm assets as, in shape of notes and accounts of the firm, were taken by the retiring member in consideration of his assignment of interest in the partnership stock.</p> <p>5. Such charge was inconsistent with the following charge given : “That the party making the assignment might have done so in order to get his interest in the firm accounts to pay his individual debts.”</p> <p>6. Fraud, EVIDENCE of.—Held erroneous to charge that “fraud will not he presumed, but must he proved like any other fact, and the burden of such proof rests on the party who alleges such fraud,” without some further explanation as to the character of evidence by which fraud may be established.</p> <p>7. Exemplary damages.—In a suit for damage against a sheriff for seizure under an attachment of goods, there being no evidence of ill-feeling or improper motive on part of the sheriff, it was error to allow exemplary damages.</p> <p>8. Partnership goods may be levied on fob individual debts of A member of firm.—Partnership goods may be levied on to satisfy the ind’vidual debts of a member of the firm, to the extent of such member’s interest.</p> <p>9. Evidence—Declarations of