Donley & Anderson v. Cundiff
Texas Supreme Court
Appeal from Houston. Tried below before the Hon. L. W. Cooper. The receipt of the appellants, as attorneys, referred to in the opinion, was made in April, 1861, to Jesse Duren, the intestate of the appellee. It recited that Duren indorsed the notes in blank, and covenanted that the appellants would bring suits on the notes against the makers of them, and against Duren as indorser, and would apply the proceeds, when collected, to certain judgments against Duren.
Read the full summary
Appeal from Houston. Tried below before the Hon. L. W. Cooper. The receipt of the appellants, as attorneys, referred to in the opinion, was made in April, 1861, to Jesse Duren, the intestate of the appellee. It recited that Duren indorsed the notes in blank, and covenanted that the appellants would bring suits on the notes against the makers of them, and against Duren as indorser, and would apply the proceeds, when collected, to certain judgments against Duren. It expressed that the attorneys did not undertake that executions should not issue on the judgments if the plaintiffs should so…
1Opinion of the CourtOgden, J.
This suit was originally instituted by the appellee in the County Court of Houston county, against the appellants, to recover certain notes which appellee’s intestate had, during his lifetime, transferred *748and assigned to appellants for a specified purpose. A •decree was entered in the county court in favor of appellee, and the appellants appealed to the district ■court. In the district court, both plaintiff and defendants amended their pleadings, and the cause was submitted to a jury upon several special issues ; and upon the verdict of the jury, judgment was entered up for the plaintiff…
2Cases cited2 opinions
- Canfield v. MongerNew York Supreme Court · 1815
- Nicolet's administrator v. PillotNew York Supreme Court · 1840
3Cited by2 opinions
- McLane v. PaschalTexas Supreme Court · 1877
- Golden Rod Oil Co. No. 1 v. NobleCourt of Appeals of Texas · 1921