Francis Smith & Co. v. Ojerholm
Texas Supreme Court
Application for writ of error to tlie Court of Civil Appeals for the Third District, in an appeal from Coleman County. Smith & Co. sued Ojerholm as maker and Coleman as indorser of three notes secured by vendor’s lien. Recovery against the indorser was denied and plaintiffs appealed and on affirmance obtained a writ of error.
Read the full summary
Application for writ of error to tlie Court of Civil Appeals for the Third District, in an appeal from Coleman County. Smith & Co. sued Ojerholm as maker and Coleman as indorser of three notes secured by vendor’s lien. Recovery against the indorser was denied and plaintiffs appealed and on affirmance obtained a writ of error. The last note fell due December 31, 1895, and the next succeeding term of the District Court of Coleman County began on the first Monday in February, 1896. Suit was brought on April 8, 1896, and the delay sought to be excused because Ojerholm was insolvent and his…
1Opinion of the Court
GAINES, Chief Justice.
We think the Court of Civil Appeals reached the correct result in this case, but we are not prepared to concur in the proposition announced in the opinion, that in order to hold the indorser liable upon the last two notes, suit must have been brought to foreclose the lien as to all the notes to the first term of court after the first fell due. But our statute provides: “The assignor, indorser, guarantor, and surety upon any contract, and the drawer of any bill which has been accepted, may be sued without the necessity of previously or at the same time suing the maker,…
2Cases cited2 opinions
- Violett v. PattonSupreme Court of the United States · 1809
- Herald v. ScottIndiana Supreme Court · 1850
3Cited by15 opinions
- Bandy v. FIRST STATE BANK, OVERTON, TEX.Texas Supreme Court · 1992
- First Nat. Bank of Giddings v. Lee County Cotton Oil Co.Texas Commission of Appeals · 1925
- Browning-Ferris MacHinery Co. v. ThomsonCourt of Appeals of Texas · 1932
- Cook v. Citizens National Bank of BeaumontCourt of Appeals of Texas · 1976
- Texas Baptist University v. PattonCourt of Appeals of Texas · 1912
10 more not listed; retrieve them via the Exa API.