Legal Opinion

Allen v. Baker

Texas Supreme Court

Decided July 1, 1873PublishedCited by 1 opinion

Appeal from Harris. Tried below before the Hon. ■James Masterson. This suit was instituted by Mrs. Josephine Allen as executrix of the estate of her late husband, Ebenezer Allen, ■deceased, to recover $7500, with eight per cent, interest 'per annum from the thirtieth of June, 1864, upon the following obligation: “Agreement between Wm.

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Appeal from Harris. Tried below before the Hon. ■James Masterson. This suit was instituted by Mrs. Josephine Allen as executrix of the estate of her late husband, Ebenezer Allen, ■deceased, to recover $7500, with eight per cent, interest 'per annum from the thirtieth of June, 1864, upon the following obligation: “Agreement between Wm. B. Baker and Ebenezer Allen, entered into this ninth day of July, A. D. 1859, ■witnesseth: Whereas, on the thirtieth day of June, A. I). 1859, the Houston and Texas Central Railway Company issued to Ebenezer Allen three hundred shares of its stock, which the…

1Opinion of the CourtWalker, J.

There has not been before this court a •case precisely like the one at bar.

Mrs. Allen, first as the agent of her husband, Ebenezer Allen, and afterwards as the executrix of his will, re•ceived certain sums of money before the same became due, from the appellee. Ebenezer Allen sold to Baker one hundred and fifty shares of the capital stock in the Houston and ¿Texas Central Railway Company under a contract dated July 9, 1859. Payment was to be made for the stock on the thirtieth of June, 1864.

*224The war coming on, Allen went into the service of the Confederacy, leaving his wife and child in Texas.…

2Cases cited1 opinion

  1. Ritchie v. SweetTexas Supreme Court · 1869

3Cited by1 opinion

  1. Davis v. StateCourt of Appeals of Texas · 1887

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