W. R. Miller v. Bank Commerce

Counsel for appellant W. R. Miller and appellee Bank of Commerce apparently agree that an action for damages because of fraud lies in those instances when the complainant has been thereby induced to part with any property of value. 25 Tex. Jur. 2d 625, ""Fraud and Deceit"", § 13, ""(Elements of Fraud) - In general"". Why, says appellant's counsel, should not a similar action lie in an instance where one has been induced to delay or defer action to collect his debt through another's fraud, when forbearance on his part results in the loss of a claim which in all reasonable probability he would have collected except for such fraud. Under the jury findings in the instant case such is what occurred to occasion the appellant's loss of a valid debt upon his debtor's voluntary bankruptcy.