Spann v. Cochran & Ewing
Texas Supreme Court
Appeal from. Washington. Tried below before the Hon. I. B. McFarland. This suit was brought against Watson & Larue and Cochran & Ewing to recover $800 due on a promissory note secured by a chattel mortgage on type, printing press, etc., bought of appellant.
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Appeal from. Washington. Tried below before the Hon. I. B. McFarland. This suit was brought against Watson & Larue and Cochran & Ewing to recover $800 due on a promissory note secured by a chattel mortgage on type, printing press, etc., bought of appellant. The petition alleged that Cochran & Ewing purchased the mortgaged property of Watson & Larue or their assignees, and as a part of the consideration promised to pay all liabilities incurred in the publishing of a newspaper, including the note sued on. The promise was in writing, but signed only by Ewing. Cochran & Ewing answered by a…
1Opinion of the Court
Stayton, Associate Justice.
The appellant Spann, -who was plaintiff below, brought this suit against the appellees Cochran & Ewing, and Watson & Larue, alleging that Watson & Larue were indebted to him on their promissory note for $800, secured by a chattel mortgage, which note Cochran & Ewing had afterwards assumed to pay, in consideration of the transfer to them of the mortgaged property.
Prayer for judgment against all the defendants for the debt and for foreclosure of the mortgage lien.
The suit was begun in the county court, but was afterwards transferred to the district court on account of…
2Cases cited15 opinions
- Barker v. BucklinNew York Supreme Court · 1846
- Eddy v. RobertsIllinois Supreme Court · 1856
- Putney v. FarnhamWisconsin Supreme Court · 1870
- Johnson v. KnappSupreme Court of Iowa · 1873
- Mason v. HallSupreme Court of Alabama · 1857
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3Cited by80 opinions
- Hill v. HoeldtkeTexas Supreme Court · 1912
- Morris v. GainesTexas Supreme Court · 1891
- R. M. Waggoner v. Herring-Showers Lbr. Co.Texas Supreme Court · 1931
- Brannin v. RichardsonTexas Supreme Court · 1916
- Adams v. First Nat. Bank of WacoCourt of Appeals of Texas · 1915
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