Legal Opinion

McDonough v. Tutt

Texas Supreme Court

Decided April 15, 1868PublishedCited by 2 opinions

Error from Rrusk. The case was tried before Hon. J. B. Williamson, one of the district judges. On the 8th day of February, 1860, Bichard B. Tutt probated an account against the estate of J. T. Likens for $456 03. The account was on that day allowed by J. B. Likens, administrator of the estate of J. T. Likens, and on the 13th of February, 1860, approved by the chief justice.

Read the full summary

Error from Rrusk. The case was tried before Hon. J. B. Williamson, one of the district judges. On the 8th day of February, 1860, Bichard B. Tutt probated an account against the estate of J. T. Likens for $456 03. The account was on that day allowed by J. B. Likens, administrator of the estate of J. T. Likens, and on the 13th of February, 1860, approved by the chief justice. On the probated account B. B. Tutt made the following transfer: “For value received I transfer the within claim to B. F. McDonough, and waive necessity of suit. March 2, 1860. “ B. B. Tutt.” On the 31st of July, 1861, B.…

1Opinion of the Court

Morrill, O. J.

—Suit by plaintiff in error against the assignor of an account for $456 03 against an estate of a deceased partner, which had been allowed by the administrator of the estate and approved by the chief justice.

The defendant excepted to the sufficiency of the plaintiff’s petition, and the district court sustained the exceptions. Article 222, Paschal’s Digest, provides, that the obligee or assignee of any bond or written instrument may transfer to another by assignment all the interest which he may have in the same * * * , and in order to hold the assignor liable, &c., the assignee…

2Cited by2 opinions

  1. United States Fidelity & Guaranty Co. v. RicheyCourt of Appeals of Texas · 1929
  2. McCormick v. RaineyTexas Supreme Court · 1908

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API