Dillon v. Kauffman & Runge
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. ¥m. H. Stewart. Suit by Kauffman & Bunge on two notes executed by defendant, one for $6,000, with foreclosure asked of a deed of trust executed by defendant on a lot and house in the town of Kosse. The deed of trust also embraced a stock of merchandise and land in Montgomery county. Plaintiffs admitted sale of Montgomery land, and allowed a credit on the note for proceeds.
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Appeal from Galveston. Tried below before the Hon. ¥m. H. Stewart. Suit by Kauffman & Bunge on two notes executed by defendant, one for $6,000, with foreclosure asked of a deed of trust executed by defendant on a lot and house in the town of Kosse. The deed of trust also embraced a stock of merchandise and land in Montgomery county. Plaintiffs admitted sale of Montgomery land, and allowed a credit on the note for proceeds. Defendant alleged by amended original answer that besides the proceeds of the Montgomery land, the proceeds of the stock of goods set out in the trust deed should be…
1Opinion of the Court
Willie, Chief Justice.
The claim of Kauffman & Bunge to be subrogated to the lien of Marx & Kempner upon the property of Dillon is a iust and proper one. Dillon having dissolved partnership with Hall, was anxious to have him released from liability upon the firm note for $6,000, and to substitute his individual note in the place of it. He had agreed with his partner in their final settlement that Hall should convey to him his half interest in the Kosse property, and Hall would not carry out this agreement until he was freed from liability on the firm note. Dillon also wished to continue…
2Cases cited2 opinions
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- White v. ShepperdTexas Supreme Court · 1856
3Cited by38 opinions
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