Fielding & Gwynn v. Du Bose
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. B. W. Rimes. On the 30th day of October, 1882, Fielding & Gwynn, of New York city, filed their petition against Amos Du Bose, E. Dickey and C. H. Higginson, for a balance due on a note for the sum of $2,116.25, executed by the said Amos Du Bose to one I. 0. Du Bose on the 23d day of January, 1878, and due on its face one day after date; which note had been indorsed to plaintiffs by said I. 0. Du Bose on June 3, 1881; and also…
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Appeal from McLennan. Tried below before the Hon. B. W. Rimes. On the 30th day of October, 1882, Fielding & Gwynn, of New York city, filed their petition against Amos Du Bose, E. Dickey and C. H. Higginson, for a balance due on a note for the sum of $2,116.25, executed by the said Amos Du Bose to one I. 0. Du Bose on the 23d day of January, 1878, and due on its face one day after date; which note had been indorsed to plaintiffs by said I. 0. Du Bose on June 3, 1881; and also to foreclose a deed of trust or mortgage upon certain premises in Waco, then in the possession of Dickey and Higginson,…
1Opinion of the Court
Delany, J. Com. App.
The plaintiffs received from I. O. Du Bose, long after its maturity, the note on which this suit is brought. Whatever defenses, therefore, could have been successfully urged against Du Bose, had he brought the suit, would be good against the plaintiffs. The question then is: Could the plea of estoppel, on which the defendants rely, have been maintained against I. C. Du Bose as plaintiff?
In the case of Page v. Arnim, 29 Tex., 71, the court, after remarking that the question of estoppel in pais had been somewhat elaborately discussed in the cases of Burleson v. Burleson and…
2Cases cited5 opinions
- Burleson v. BurlesonTexas Supreme Court · 1866
- Bales v. PerrySupreme Court of Missouri · 1873
- David v. ParkMassachusetts Supreme Judicial Court · 1870
- Page v. ArnimTexas Supreme Court · 1867
- Sulphine v. DunbarMississippi Supreme Court · 1877
3Cited by4 opinions
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Priddy v. GreenCourt of Appeals of Texas · 1920
- McLendon v. Federal Mortgage Co.Court of Appeals of Texas · 1933
- Priddy v. GreenCourt of Appeals of Texas · 1920