Smith v. Talbot
Texas Supreme Court
Error from Matagorda. Tried below before the Hon. John. Hancock, Judge of the Second Judicial District. This suit commenced March 1st, 1851. Lann and the surviving trustee of Talbot, and the representatives of Mrs. Talbot, were joined as defendants. The petition sought to make the property a part of the trust fund, as well as to recover judgment for the debt. The facts are fully stated in the Opinion.
1Opinion of the Court
Hemphill, Ch. J.
The petition states, in substance, that on the 28th day of January, 1886, Matthew Talbot executed his two promissory notes to Wm. R. Smith, the plaintiff, each for the sum of thirty-five hundred dollars, payable, one on the first March, 1838, and the other on the first of March, 1839 ; that *776the notes were executed and delivered in the State of Alabama, and that no part of them has been paid ; that the said Talbot and one James W. Lann, who were partners, contriving together to defraud the petitioner, and to hinder and delay him in the collection of his debt, did, without the…
2Cited by17 opinions
- Smith v. FlyTexas Supreme Court · 1859
- Eckert v. WendelTexas Supreme Court · 1931
- Black v. BlackSupreme Court of Kansas · 1902
- Oldham v. MedearisTexas Supreme Court · 1897
- Cotten v. Republic National Bank of DallasCourt of Appeals of Texas · 1965
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