Legal Opinion
Dilworth v. Moore
Court of Appeals of Texas
Decided June 30, 1943No. 11317PublishedCited by 3 opinions
1Opinion of the Court
NORVELL, Justice.
The principal question involved in this appeal is whether a creditor’s action involving a bankrupt’s agreement to pay a debt, dischargeable in bankruptcy, must be based upon the old debt or upon the new promise.
The parties hereto have not cited, nor have we found, a Texas case which is controlling upon the point raised. There is a conflict of authority among the American decisions. Cases relating to the question are collated in 8 C.J.S., Bankruptcy, p. 1577, § 583, subsec. d, and 6 Am.Jur. 834, § 535, and therefore we need not discuss at length the various arguments advanced…
2Cases cited8 opinions
- President of the Bank of Alabama v. SimontonTexas Supreme Court · 1847
- Cotulla v. UrbahnTexas Supreme Court · 1911
- Meyer v. PriceNew York Court of Appeals · 1929
- Farmers & Merchants Nat. Bank v. ArringtonCourt of Appeals of Texas · 1936
- Robinson v. JacobiaSupreme Court of Kansas · 1924
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Moore v. DilworthTexas Supreme Court · 1944
- Van Houten v. PritchardSupreme Court of Arkansas · 1994
- Tom Norman v. Ann Crouch and Omni Capital Corporation D/B/A South Georgia Shopping Center, Texas Court of Appeals, 7th District (Amarillo)2015