Legal Opinion

Byrd v. Estate of Nelms

Texas Court of Appeals, 10th District (Waco)

Decided November 17, 2004No. 10-01-00241-CVPublishedCited by 60 opinions

1Opinion of the Court

OPINION

FELIPE REYNA, Justice.

James H. Byrd, along with others in a joint venture, signed an agreement guaranteeing a debt incurred by the joint venture. Years after Byrd assigned away his interest in the joint venture, he was sued by The Estate of H.G. Nelms,1 one of the *153current venture partners and also a co-guarantor, which, after purchasing the underlying debt, sought payment of the debt from its fellow co-guarantors. A jury found that the Nelms Partnership paid the debt in its capacity as a co-guarantor and not as a partner in the joint venture. The trial court held Byrd jointly and…

2Cases cited57 opinions

  1. Cain v. BainTexas Supreme Court · 1986
  2. BMC Software Belgium, NV v. MarchandTexas Supreme Court · 2002
  3. Mayhew v. Town of SunnyvaleTexas Supreme Court · 1998
  4. Burroughs Wellcome Co. v. CryeTexas Supreme Court · 1995
  5. Uniroyal Goodrich Tire Co. v. MartinezTexas Supreme Court · 1998

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3Cited by60 opinions

  1. Bossier Chrysler Dodge II, Inc. v. Rauschenberg, Texas Court of Appeals, 10th District (Waco)2006
  2. Bradford Partners II, L.P. v. Fahning, Texas Court of Appeals, 5th District (Dallas)2007
  3. Roberts v. Whitfill, Texas Court of Appeals, 10th District (Waco)2006
  4. City of Port Isabel v. Pinnell, Texas Court of Appeals, 13th District2006
  5. Pirani v. Baharia (In Re Pirani)Court of Appeals for the Fifth Circuit · 2016

55 more not listed; retrieve them via the Exa API.

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