Able v. Chandler
Texas Supreme Court
Appeal from Cherokee. This was a suit upon a sealed note. The defendant answered by a general denial, and pleas impeaching the consideration of the note, in which he in substance, alleged, that the note sued on was given for the purchase money of a certain negro, sold by the plaintiff as administrator of one Griffin ; that at the sale the plaintiff, with intent to cheat and defraud the defendant, falsely and fraudulently represented that the negro was well disposed,…
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Appeal from Cherokee. This was a suit upon a sealed note. The defendant answered by a general denial, and pleas impeaching the consideration of the note, in which he in substance, alleged, that the note sued on was given for the purchase money of a certain negro, sold by the plaintiff as administrator of one Griffin ; that at the sale the plaintiff, with intent to cheat and defraud the defendant, falsely and fraudulently represented that the negro was well disposed, trustworthy and obedient, and falsely and fraudulently represented and warranted him sound in body and mind; well knowing that…
1Opinion of the CourtWheeler, J.
The questions presented by the record, in this case, are settled by the previous adjudications of this Court.
It is true, that the plaintiff, in his representative character, could not bind the estate by his warranty. (Lynch v. Baxter, 4 Tex. R. 431:) And so much of the answer as set up and relied on his alleged warranty, was rightly stricken out. But it is also true, that, though the administrator of an estate cannot bind the estate by his warranty, or render it responsible in damages for frauds or torts, committed by him, yet in his dealings with third persons, in respect to the estate, he…
2Cited by13 opinions
- FRYMIRE ENGINEERING COMPANY INC. v. GranthamTexas Supreme Court · 1975
- Thompson v. Republic Acceptance Corp.Texas Supreme Court · 1965
- Dallas County v. Club Land and Cattle Co.Texas Supreme Court · 1902
- Davis v. MarshallTexas Supreme Court · 1860
- Chaney v. WoodIndiana Court of Appeals · 1917
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