Goldman v. Blum
Texas Supreme Court
Appeal, from. Victoria. Tried below before the Hon. H. Clay Pleasants. This suit was jointly brought by Leon & H. Blum and Heidenheimer Bros, against A. Goldman, administrator of the estate of T. C. Barden, deceased, and Eva L. Barden, his widow, and John Owens, to recover against said estate, in favor of Leon & II.
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Appeal, from. Victoria. Tried below before the Hon. H. Clay Pleasants. This suit was jointly brought by Leon & H. Blum and Heidenheimer Bros, against A. Goldman, administrator of the estate of T. C. Barden, deceased, and Eva L. Barden, his widow, and John Owens, to recover against said estate, in favor of Leon & II. Blum, the sum of $4,000, with interest thereon from the 12th day of March, 1877, and to recover in favor of Heidenheimer Bros, the sum of $5,267.92, with interest thereon-from the date aforesaid, and to foreclose a deed of trust executed by Barden and wife. The basis of the suit…
1Opinion of the Court
West, Associate Justice.
The court ruled correctly in holding that, under the averments in the pleadings,' the appellees could jointly sue for the recovery of the amount due to them, and for the foreclosure of the lien on the real estate described in the petition.
At common law such a transfer of a part only of the note to two distinct persons, and a reservation of the balance of the instrument to the original payee, could not be recognized, and no action at law could' be maintained on such a title by any of the parties to it. Hawkins v. Cardy, 1 Ld. Raym., 360; Heilbut v. Nevil, 4 L. R., C.…
2Cases cited10 opinions
- Wethered v. BoonTexas Supreme Court · 1856
- Chandler v. MecklingTexas Supreme Court · 1858
- Ahern v. . GoodspeedNew York Court of Appeals · 1878
- Douglass v. WilkesonNew York Supreme Court · 1831
- Stachely v. PeirceTexas Supreme Court · 1866
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