Leslie v. City of Galveston

1 Citing case

  1. Bankers' Health Accident v. Shadden

    15 S.W.2d 704 (Tex. Civ. App. 1929)   Cited 7 times

    And, aside from Mrs. Shadden's evident ignorance of the law governing her rights in the premises, it may truthfully he observed that this record, too, reveals a strange admixture of other ingredients going to establish misrepresentation, imposition, undue confidence, undue influence, and advantage taken of her situation all of which conclusively appears from the appellant's testimony, and establishes the fact that she executed the release in question under a misapprehension of her rights, as alleged in her petition. Under such circumstances the release will not be upheld, as may be seen from the following authorities: Moreland v. Atchison, supra; Ramey v. Allison, 64 Tex. 697; Altgelt v. Gerbie (Tex.Civ.App.) 149 S.W. 233 (writ refused); St. Paul Fire Marine Ins. Co. v. Pipkin (Tex.Civ.App.) 207 S.W. 361, 362(3); Leslie v. City of Galveston (Tex.Civ.App.) 226 S.W. 438; Titus v. Rochester German Ins. co., 97 Ky. 567m 31 S.W. 127, 28 L.R.A. 478, 53 Am.St.Rep. 426; Berry v. American Central Ins. Co., 132 N.Y. 49, 30 N.E. 254, 28 Am.St.Rep. 548. Further, in the case at bar, we have evidently concluded that there is no evidence upon which a jury could predicate a verdict in favor of the appellant.