Legal Opinion

Jones v. Abernathy

Court of Appeals of Texas

Decided November 21, 1914No. 673. [fn†]Published

Appeal from District Court, Roberts County; F. P. Greever, Judge. Action by D. A. Abernathy against Charles R. Jones to cancel a note and deed of trust. Decree for plaintiff, and defendant appeals.

1Opinion

On Further Motion for Rehearing.

HALL, J.

[4] After a careful review of the record in this case, we have concluded that we were in error in not reversing and remanding the judgment in so far as it decrees a cancellation of the note for $1,532.10, and the deed of trust. Articles 6630 and 6631, Vernon’s Sayles’ Civil Statutes, provide that the directors and managers of a sold-out railroad company, by whatever name they may be known in law, shall be the, trustees of the creditors and stockholders of the company, and may be sued as such, and that no suit pending against the company at the time of…

2Cases cited6 opinions

  1. Life Ass'n of America v. GoodeTexas Supreme Court · 1888
  2. Leon v. J. Goldman & SonTexas Supreme Court · 1886
  3. Sulphur Springs & Mount Pleasant Railway Co. v. St. Louis, Arkansas & Texas Railway Co.Court of Appeals of Texas · 1893
  4. Wilkinson v. VordermarkIndiana Court of Appeals · 1904
  5. Clayton v. PrestonTexas Supreme Court · 1881

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