Sanders v. Edmonson

• Decision Date: 13 January 1900
• Citation: 56 S.W. 611
• Parties: SANDERS v. EDMONSON.
• Court: Texas Court of Appeals

Page 611

56 S.W. 611

SANDERS v. EDMONSON.

Court of Civil Appeals of Texas.

January 13, 1900.

Appeal from district court, Bowie county; J. M. Talbot, Judge.

Action by J. D. Edmonson against W. W. Sanders. From a judgment in favor of plaintiff, defendant appeals. Reversed and rendered.

Smelser & Mahaffey and Sheppard & Jones, for appellant. Vaughan & Vaughan and R. H. Jones, for appellee.

HUNTER, J.

This suit was filed by appellee in the district court of Bowie county, on February 18, 1897, against the appellant, to recover $5,000 actual, and $5,000 exemplary, damages that appellee claims he sustained from a letter that appellant wrote of and concerning appellee, which letter reads as follows, to wit: "Office of W. W. Sanders, Druggist and Pharmacist, Dekalb, Tex., Oct. 13, 1896. American Harrow Co., Detroit, Mich.—Sirs: J. A. Edmunson claims that you hold his note for $45.00, and he is unable to pay same, and he is preparing to leave this country, and when he leaves the note is worthless. We think we can get about 50 cents on the dollar, if you will send to us at once. Your prompt attention will save you money. Yours, respectfully, W. W. Sanders." As a preparatory statement, appellee alleges that he is a farmer, and from his youth up has always conducted himself honorably among his neighbors and all other persons, and has always borne the reputation of an honest man; that in the spring of the year 1896 he purchased a harrow upon credit from the American Harrow Company, of Detroit, Mich., for which he gave his note, due November 1, 1896; that while he was still indebted to said company, and before the maturity of said note, appellant wrote said company the letter above set out, well knowing that the same was false, and that appellee was able to pay said debt, and intended to pay same; that appellant wrote said letter with the fraudulent intent and purpose of obtaining said debt from the company for one-half its value, and with wicked and malicious intent to injure the fair name of appellee, and destroy appellee's credit with said company and other creditors, and to force appellee to become a debtor of appellant. The meaning alleged by appellee in his petition that appellant intended to convey to the company by said letter was that appellee was dishonest, and intended to leave the country for the purpose of beating his honest debts. The damages laid by appellee in his petition were injury to credit with said company, and injury to his reputation...