Latham v. Houston Flour Mills
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. Suit by S. C. Red and W. S. Red, executors of R. K. Red, against the Houston Flour Mills Company, D. P. Shepherd and the administrator of the estate of L. J. Latham, deceased, on a note for five thousand dollars, payable to the order of D. F. Stuart, signed by the Houston Flour Mills Company, and at the time of its execution indorsed on the back by D. P. Shepherd and L. J. Latham.
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Appeal from Harris. Tried below before the Hon. James Masterson. Suit by S. C. Red and W. S. Red, executors of R. K. Red, against the Houston Flour Mills Company, D. P. Shepherd and the administrator of the estate of L. J. Latham, deceased, on a note for five thousand dollars, payable to the order of D. F. Stuart, signed by the Houston Flour Mills Company, and at the time of its execution indorsed on the back by D. P. Shepherd and L. J. Latham. The note is set forth in the opinion. Latham’s administrator, in his answer, set up as a defense that L. J. Latham was only security for the Flour…
1Opinion of the Court
Willie, Chief Justice.
In the view we take of this case it will not be necessary for us to determine whether or not the rule of the common law, that when a contract is joint only the estate of a surety is discharged by his death, has been in force in this State since the adoption of the Revised Statutes. The note upon which the suit is brought is as follows:
“Houston, Texas, Aug. 20th, 1885.
“One year (with privilege of two) after date we promise to pay to the order of Dr. D. F. Stuart five thousand dollars ($5,000) at our office in Houston, Texas, with interest at rate of ten (10) per centum…
2Cases cited3 opinions
- Good v. MartinSupreme Court of the United States · 1877
- Carr's Ex'ix v. RowlandTexas Supreme Court · 1855
- Cook v. SouthwickTexas Supreme Court · 1853
3Cited by27 opinions
- Nishimatsu Construction Co., Ltd. v. Houston National Bank, Defendant-Third Party v. Jack D. Baize, Third PartyCourt of Appeals for the Third Circuit · 1975
- National Bank of Commerce v. KenneyTexas Supreme Court · 1904
- Liebscher v. KrausWisconsin Supreme Court · 1889
- Marx & Blum v. Luling Co-Operative Ass'nCourt of Appeals of Texas · 1897
- Priddy v. Business Men's Oil Co.Court of Appeals of Texas · 1922
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