Legal Opinion

Sublett v. McKinney

Texas Supreme Court

Decided July 1, 1857PublishedCited by 21 opinions

Appeal from San Augustine. Tried below before the Hon. Archibald W. 0. Hicks. Petition filed on the 2nd of September, 1844, as follows :— The petition of Thomas F. McKinney and Samuel M. Williams, formerly partners, trading under the name and style of McKinney & Williams, against Philip A. Sublett, respectfully represents that the said defendant, heretofore, to-wit: on the nineteenth day of April, in the year of our Lord one thousand eight hundred and forty-one, at San…

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Appeal from San Augustine. Tried below before the Hon. Archibald W. 0. Hicks. Petition filed on the 2nd of September, 1844, as follows :— The petition of Thomas F. McKinney and Samuel M. Williams, formerly partners, trading under the name and style of McKinney & Williams, against Philip A. Sublett, respectfully represents that the said defendant, heretofore, to-wit: on the nineteenth day of April, in the year of our Lord one thousand eight hundred and forty-one, at San Augustine, made his certain draft or order in writing, for the payment of money, commonly called a check, bearing date the…

1Opinion of the CourtWheeler, J.

The question is whether the action of the accommodation acceptor, who has paid the bill, is “ grounded upon any contract in writing,” within the Statute limiting the right of action to four years, upon contracts in writing. (Hart. Dig. Art. 2377.)

Whatever may be said of the action being upon the implied contract to indemnify, it is quite certain that without the request contained iu the writing, the plaintiff would not have any right of action upon payment of the money. One man cannot make another his debtor, by paying his debt without Ms request, unless he has come under obligation to some…

2Cited by21 opinions

  1. International Printing Pressmen & Assistants' Union v. SmithTexas Supreme Court · 1946
  2. G. H. & S. A. R. R. v. FreemanTexas Supreme Court · 1882
  3. Hull v. MyersSupreme Court of Georgia · 1893
  4. Tutt v. ThorntonTexas Supreme Court · 1882
  5. McClure v. JohnsonSupreme Court of Oklahoma · 1898

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