Mays v. Cockrum
Texas Supreme Court
Error from Guadalupe. Tried below before the Hon. John P. White. Suit on the joint note of Cockrum & Co., S. R. Cockrum and J. C. Sheffield, executed July 28, 1856. The firm of Cockrum & Co. consisted of W. W. Cockrum alone, and he having died before suit was commenced, the action was against the other joint obligors, S. R. Cockrum and J. C. Sheffield. It was admitted that they were only sureties.
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Error from Guadalupe. Tried below before the Hon. John P. White. Suit on the joint note of Cockrum & Co., S. R. Cockrum and J. C. Sheffield, executed July 28, 1856. The firm of Cockrum & Co. consisted of W. W. Cockrum alone, and he having died before suit was commenced, the action was against the other joint obligors, S. R. Cockrum and J. C. Sheffield. It was admitted that they were only sureties. After suit Sheffield also died, and his administratrix having made herself a party, answered that her intestate was only a surety, claiming that by his death his estate was discharged. The court…
1Opinion of the Court
Delany, J. Com. App.
The only question in this case is whether the court erred in rendering judgment in favor of the administratrix of Sheffield.
This is assigned as error, but counsel for the plaintiff in error refer us to no authorities; and, so far as we are aware, the question has not heretofore been presented to our courts of last resort.
Counsel for defendant in error puts the case thus: “ When a mere surety in a joint undertaking dies, his estate, both at law and in equity, is absolved from the obligation, and the creditor must look to the other joint makers.” A nd for this he cites a…
2Cases cited2 opinions
- Getty v. . BinsseNew York Court of Appeals · 1872
- Pickersgill v. LahensSupreme Court of the United States · 1873
3Cited by3 opinions
- Allen v. StovallTexas Supreme Court · 1901
- United States Fidelity & Guaranty Co. v. RicheyCourt of Appeals of Texas · 1929
- Bergstroem v. StateTexas Supreme Court · 1882