T. W. House & Co. v. Collins
Texas Supreme Court
Error from Houston. Tried below before the Hon. L. W. Cooper. On the 31st of December, 1859, W. D. Williams executed and delivered to T. P. Collins his note for three hundred and eighty-four dollars and eighty-six cents, due one day after date, bearing ten per cent, interest, and payable to the order of T. P. Collins.
Read the full summary
Error from Houston. Tried below before the Hon. L. W. Cooper. On the 31st of December, 1859, W. D. Williams executed and delivered to T. P. Collins his note for three hundred and eighty-four dollars and eighty-six cents, due one day after date, bearing ten per cent, interest, and payable to the order of T. P. Collins. This note was duly indorsed, and delivered, for a valuable consideration, to House & Co., and they, in January, 1861, brought suit ou it against Williams and Collins. Williams and Collins, it is alleged, were served, the former on the 2d of February, 1861, the latter on the 6th.…
1Opinion of the CourtRoberts, C. J.
The judgment in favor of E. 11. Collins against John H. Burnett, for one hundred dollars-is erroneous, for the want of any legal foundation shewn in her pleadings.
It is founded on a charge of vexatious litigation, which caused her to incur expenses in attorney’s fees in defending this suit, it being in the nature of a scire facias to revive a judgment by default against her testator T. P. Collins, as assignor, and W. D. Williams, as maker of a note. E. M. Collins pleaded as a defense to said judgment, and as a reason why it should not be revived as to her, that T. P. Collins never indorsed…
2Cases cited3 opinions
- Newcomb v. DeweySupreme Court of Iowa · 1869
- Taggart v. WoodSupreme Court of Iowa · 1866
- Hartwell v. JacksonTexas Supreme Court · 1852
3Cited by12 opinions
- Humprey v. HarrellTexas Commission of Appeals · 1930
- Duncan v. Smith Brothers Grain Co.Texas Supreme Court · 1924
- Ferguson v. FergusonCourt of Appeals of Texas · 1936
- Randall v. CollinsTexas Supreme Court · 1880
- Scott v. McGlothlinCourt of Appeals of Texas · 1930
7 more not listed; retrieve them via the Exa API.