Robertson v. Smith
Texas Supreme Court
Appeal from Travis. The appellee brought suit against the appellant, jointly with Webb & Horton and the heirs of Chalmers, on certain promissory notes, and a mortgage given to secure their payment.
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Appeal from Travis. The appellee brought suit against the appellant, jointly with Webb & Horton and the heirs of Chalmers, on certain promissory notes, and a mortgage given to secure their payment. The defendants answered, in substance, that the notes were given in the execution of a contract in writing, for the purchase of certain lots with the erections thereon, in the city of Austin, and also a printing press, and a judgment and mortgage which the plaintiff had, before that time, obtained against one Whiting, on which there remained due about three thousand dollars ; that, by said…
1Opinion of the CourtWheeler, J.
The defence rested on the alleged refusal of the plaintiff, to assign to the defendants, the unsatisfied balance of his judgment against Whiting, and the conversion of it to his own use; and the question to be determined is, whether this defence was sustained by the proof. This must depend mainly on the conclusions of fact, to be deduced from the evidence.
The original agreement, entered into at Austin, between Smith and Chalmers, contained the stipulation that the former should assign to the latter the judgment in question. The reason assigned by him for refusing to do so, when called upon by…
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