Putnam v. Capps & Canty
Court of Appeals of Texas
This suit was brought by Capps & Canty against J. W. Putnam, E. Putnam, and also John P. King, county clerk. Plaintiffs alleged, that King, as clerk, held certain moneys to which they claimed title through a verbal transfer to them by J. W. Putnam of a judgment recovered by him against a railway company for damages for personal injuries, on which judgment said moneys had been collected; and they prayed for an injunction restraining King from paying over the money tó E.…
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This suit was brought by Capps & Canty against J. W. Putnam, E. Putnam, and also John P. King, county clerk. Plaintiffs alleged, that King, as clerk, held certain moneys to which they claimed title through a verbal transfer to them by J. W. Putnam of a judgment recovered by him against a railway company for damages for personal injuries, on which judgment said moneys had been collected; and they prayed for an injunction restraining King from paying over the money tó E. Putnam, who also claimed it by reason of a written transfer to him of said judgment by J. W. Putnam. The injunction was…
1Opinion of the Court
HEAD, Associate Justice.
In this State, previous to the passage of the Act of 1889, it was held, that “ if the claim was such as would survive to the executor, it would be the subject of sale and assignment; but if it was such claim as would not survive, then it would not be the subject of assignment.” Stewart v. Railway, 62 Texas, 247, which cites Railway v. Freeman, 57 Texas, 156.
Tested by this rule, the judgment in favor of J. W. Putnam against the railroad was assignable pending the appeal therefrom. Brooke v. Clark, 57 Texas, 109.
The right to transfer this judgment then existed previous…
2Cases cited3 opinions
- Clark Loftus v. PearceTexas Supreme Court · 1891
- G. H. & S. A. R. R. v. FreemanTexas Supreme Court · 1882
- Friedlander v. EhrenworthTexas Supreme Court · 1883
3Cited by7 opinions
- Hunter v. B. E. Porter, Inc.Court of Appeals of Texas · 1935
- Porter v. JohnsonCourt of Appeals of Texas · 1911
- Trinity County Lumber Co. v. HoltCourt of Appeals of Texas · 1912
- Davidson v. LeeCourt of Appeals of Texas · 1913
- Kahn v. IlitzkyCourt of Appeals of Texas · 1937
2 more not listed; retrieve them via the Exa API.