Cochran v. Monteith
Court of Appeals of Texas
Error from District Court, Harris County; J. D. Harvey, Judge. Suit by W. E. Monteith, trustee, against J. B. Cochran and others. Judgment for plaintiff, and defendant named brings error.
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Error from District Court, Harris County; J. D. Harvey, Judge. Suit by W. E. Monteith, trustee, against J. B. Cochran and others. Judgment for plaintiff, and defendant named brings error. This was a suit by defendant in error, as trustee of the estate of the Brown-Fitzpatrick Company, bankrupt, against plaintiff in error (and others who need not be named, as they are not parties to the appeal), for the amount unpaid of! his subscription to the capital stock of said company, in which judgment was rendered against plaintiff in error in favor of defendant in error for $3,420.95. The case is…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above). The contention of the plaintiff in ■error is that he was entitled to have the sums he paid on account of the recovery the Houston National Exchange Bank had against him as .surety for the Brown-Fitzpatriek Company and the amount of the two notes that company made to him referred to in the statement above set off against the balance remaining unpaid of his subscription to the capital stock of said company. As supporting his contention appellant cites 7 0. J. 143, where it is said that—
“A person who is indebted to the bankrupt is entitled, as…
2Cases cited9 opinions
- Sawyer v. HoagSupreme Court of the United States · 1873
- Handley v. StutzSupreme Court of the United States · 1891
- Lyons-Thomas Hardware Co. v. Perry Stove Manufacturing Co.Texas Supreme Court · 1893
- Mathis v. Pridham, ReceiverCourt of Appeals of Texas · 1892
- Kiskadden v. SteinleCourt of Appeals for the Sixth Circuit · 1913
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3Cited by1 opinion
- Hackney v. YorkCourt of Appeals of Texas · 1929