Mitchell v. De Witt
Texas Supreme Court
Appeal from Gonzales. The case was tried before Hon. Fielding Jones, one of the district judges. Mitchell sued Be Witt and Jonathan T. Bateman, in which he declared that Clinton E. Be Witt-and John L. Harper had before that time executed their note to William P. McKean for $320; that Harper signed as surety; that McKean afterwards, becoming dissatisfied with the name of Harper, the petitioner, signed a new note for the debt, then $385 47; that he signed as surety only,…
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Appeal from Gonzales. The case was tried before Hon. Fielding Jones, one of the district judges. Mitchell sued Be Witt and Jonathan T. Bateman, in which he declared that Clinton E. Be Witt-and John L. Harper had before that time executed their note to William P. McKean for $320; that Harper signed as surety; that McKean afterwards, becoming dissatisfied with the name of Harper, the petitioner, signed a new note for the debt, then $385 47; that he signed as surety only, having no interest, and being only substituted in the place of Harper, as the surety of Clinton E. Be Witt; that on the 10th…
1Opinion of the CourtWheeler, C. J.
—It is a just and salutary principle, which has been acted on by courts of equity, that a surety who pays the debt due. by his principal to his creditor shall have the benefit of the securities for the debt placed in the power of the creditor by the principal. This equitable doctrine was fully recognized by this court in the case of Sublett v. McKinney, 19 Tex., 438. “It seems *185right (it was said by the Supreme Court of Pennsylvania in Pott v.' Nations, 1 Watts & Serg., 155, 157) that the creditor should transfer the means of indemnification, for which he has no longer occasion, to him who,…
2Cases cited3 opinions
- Cuyler v. EnsworthNew York Court of Chancery · 1836
- Pott v. NathansSupreme Court of Pennsylvania · 1841
- Sublett v. McKinneyTexas Supreme Court · 1857
3Cited by7 opinions
- Nelson v. WebsterNebraska Supreme Court · 1904
- Fidelity & Deposit Co. v. BowenSupreme Court of Iowa · 1904
- National Fire Insurance v. MaddoxMissouri Court of Appeals · 1929
- Campbell v. LandCourt of Appeals of Texas · 1934
- Fidelity Deposit Co. of Maryland v. SlussIndiana Supreme Court · 1938
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