Henderson v. Kissam
Texas Supreme Court
Error from Harris. The petition represented tiiat on the 15th day of July, 1837, John Iv. Allen, now deceased, and J. Pinckney Henderson, of San Augustine county, executed their joint and several promissory note, promising to pay, twelve months after the date of the said note, to A. C.'Allen or order [1 the sum therein expressed; and tiiat the said A. C. Allen had indorsed and delivered the said note to the petitioner; ancl that afterwards the said John K. Allen died, and…
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Error from Harris. The petition represented tiiat on the 15th day of July, 1837, John Iv. Allen, now deceased, and J. Pinckney Henderson, of San Augustine county, executed their joint and several promissory note, promising to pay, twelve months after the date of the said note, to A. C.'Allen or order [1 the sum therein expressed; and tiiat the said A. C. Allen had indorsed and delivered the said note to the petitioner; ancl that afterwards the said John K. Allen died, and letters of administration on Iris estate were granted the said A. C. Allen by tlie Probate Court of Harris county; and…
1Opinion of the Court
Hemphill, Oh. J.
In relation to the first assignment it will suffice to say that as a general rule under our system of procedure, in which the principles and practice of both the common law and equity jurisdictions are blended, there would be no error in joining the survivor with the representative of a deceased joint obligor or partner. The circumstances might be such as very frequently to render such joinder quite expedient to secure either the interests of the plaintiff or of one of the defendants. If the surviving obligor, partner, •<fcc., were insolvent, the plaintiff, for his own…
2Cited by21 opinions
- Hallaway v. ThompsonTexas Supreme Court · 1950
- Connoly v. HammondTexas Supreme Court · 1882
- Rabb v. RogersTexas Supreme Court · 1887
- Hines v. CollinsCourt of Appeals of Texas · 1920
- Waldrep v. RoquemoreCourt of Appeals of Texas · 1910
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