Trammell v. Swan
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. 0. A. Frazer. This was a suit brought by John J. R. Legrand against James H. Trammell, Mark Stroud, William Moore and Jesse Walling, on a promissory note payable to the plaintiff, “administrator of the estate of John S. Caruthers deceased, or bearer,” for the sum of eighteen thousand seven hundred and twenty-four dollars and forty-five cents, dated the 1st day of September, 1852, and payable twelve months after date.
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Appeal from Rusk. Tried below before the Hon. 0. A. Frazer. This was a suit brought by John J. R. Legrand against James H. Trammell, Mark Stroud, William Moore and Jesse Walling, on a promissory note payable to the plaintiff, “administrator of the estate of John S. Caruthers deceased, or bearer,” for the sum of eighteen thousand seven hundred and twenty-four dollars and forty-five cents, dated the 1st day of September, 1852, and payable twelve months after date. Suit was filed ¡November the 4th, 1853. The consideration of the note was the sale under an order of the County Court, at private…
1Opinion of the CourtWheeler, C. J.
Our opinion upon one question presented by the record will require a reversal of the judgment, and will, therefore, supersede the necessity of an authoritative decision upon other questions raised by the assignment of errors. We think it free from doubt that the separate answer of the defendant Walling presents a good defence to the action as to him. If, as alleged, the pretended sale of the goods, for which the note was given, was not a real but a merely simulated sale, and the property in the goods did not pass to the pretended purchaser, and the defendant Walling was induced to execute the…
2Cited by13 opinions
- Lipscomb v. PerryTexas Supreme Court · 1906
- Kruegel v. CobbCourt of Appeals of Texas · 1910
- Goodwin v. Abilene State BankCourt of Appeals of Texas · 1927
- Bailey v. FlyTexas Supreme Court · 1904
- Hamilton v. James A. Cushman Manufacturing Co.Court of Appeals of Texas · 1897
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