Foote v. O'Roork
Texas Supreme Court
Appeal from Collin. Tried below before the Hon. Joseph Bledsoe. Simon C. O’Roork and others brought this suit against G-. A. Foote on March 25, 1874, to recover the amount claimed to be due on a promissory note, dated June 25,1860, for $135, due the 5th day of June, 1861, signed by appellant and Vm. H. Perkins and another, and payable to James F. Fisher as administrator of the estate of John J. Miller, deceased.
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Appeal from Collin. Tried below before the Hon. Joseph Bledsoe. Simon C. O’Roork and others brought this suit against G-. A. Foote on March 25, 1874, to recover the amount claimed to be due on a promissory note, dated June 25,1860, for $135, due the 5th day of June, 1861, signed by appellant and Vm. H. Perkins and another, and payable to James F. Fisher as administrator of the estate of John J. Miller, deceased. They claimed that the administration on Miller’s estate had been virtually closed by the removal of the administrator several years before the suit was brought; that they were the…
1Opinion of the Court
Watts, J. Com. App.—
Limitation did not commence to run against the note, upon which this suit is founded, until March 31, 1870, and as the suit was commenced by the plaintiffs before the expiration of four veal's from that time, it is very clear that they are not barred. But the intervenors came into the ease after the expiration of four years from March 31, 1870, and it is claimed that as to them the note is barred. It would seem that the suit by the plaintiffs would inure to the benefit of the true owners of the note, and would as to them suspend the running of the statute. The intervenors…
2Cases cited1 opinion
- Burgess v. MillicanTexas Supreme Court · 1878
3Cited by16 opinions
- Yeary v. HinojosaCourt of Appeals of Texas · 1957
- Howard v. StahlCourt of Appeals of Texas · 1919
- Russell v. People's Nat. Bank of BeltonCourt of Appeals of Texas · 1928
- Flewellen v. CochranCourt of Appeals of Texas · 1898
- Howell v. TownsendCourt of Appeals of Texas · 1919
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