Wade v. Wade
Texas Supreme Court
Error from Fayette. Tried below before the Hon. D. C. Barden. The opinion states the leading facts. The plaintiff below sought a recovery against the defendant, not only as executor, but also in his individual capacity as a guarantor. The court below held him liable in the latter character.
1Opinion of the CourtWalker, J.
This action was brought in the court below by the widow of David Wade, deceased, to recover against the plaintiff in error, who is the executor of the will of David Wade, as the indorser of certain notes made by C. Clark and Margaret Clark, and delivered to David Wade in his lifetime. Mary IT. Wade is the widow; of David Wade by a second marriage. Wm. W. Wade is the son by a former marriage. .
The indorsement of the notes was in pursuance of a contract made between the parties on the 21st day of August, 1861, and this contract fully explains the object and purpose of the indorsement, "without…
2Cited by2 opinions
- Hanrick v. AlexanderTexas Supreme Court · 1879
- Wheelock v. MayfieldCourt of Appeals of Texas · 1917