Shearon v. Henderson
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. A. H. Latimer. On the seventeenth day of September, 1863, Samuel Hancock and Wm. H. Shearon executed their note, for property purchased at an administrator’s sale, to W. B. Wright and L. Yates, administrators of the estate of John D. Thomas.
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Appeal from Lamar. Tried below before the Hon. A. H. Latimer. On the seventeenth day of September, 1863, Samuel Hancock and Wm. H. Shearon executed their note, for property purchased at an administrator’s sale, to W. B. Wright and L. Yates, administrators of the estate of John D. Thomas. The note was not paid at its maturity, and on December 11, 1865, suit was brought against the makers of the note, Samuel Hancock and Shearon, by Richard J. Thomas, guardian of the minor heirs of the said John D. Thomas. In the subsequent proceedings the appellee, Travis C. Henderson, succeeded as guardian. On…
1Opinion of the CourtOgden, J.
This is an action upon a promissory note given for the purchase of property at an administrator’s sale in 1863. The first question presented in the record which requires' notice is the defense that by an express agreement the note was to be paid in Confederate money, and therefore illegal and void. This defense has been held, in repeated decisions by this court, to be as a general rule a complete bar to an action. But an exception to this general rule has been recognized, when a party brings suit in a fiduciary capacity, and when the real parties interested cannot be chargeable with a…
2Cases cited2 opinions
- Trammel v. PhilleoTexas Supreme Court · 1870
- Hamilton v. PleasantsTexas Supreme Court · 1869
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