Legal Opinion

McCreary v. Van Hook's Executors

Court of Appeals of Texas

Decided July 6, 1872PublishedCited by 6 opinions

The material facts are stated in the opinion of the court.

1Opinion of the CourtWalker, J.

This is an action brought against the -executors of Solomon Van Hook’s will, to enforce the payment - of two promissory notes. The notes were made payable to E. E. Byrd, and are signed by H. C. Moss and Thomas S. Sweatman, the latter as security.

Solomon Yan Hook, deceased, it is charged in the petition, was a dormant partner in the firm of H. C. Moss & Co.

The appellees demurred and excepted to the plaintiff’s petition and amended petition. The exceptions were sustained by the court; the plaintiff refused to amend, and the cause was dismissed.

The plaintiff set out his cause of action in three…

2Cases cited1 opinion

  1. Lemmon v. BoxTexas Supreme Court · 1857

3Cited by6 opinions

  1. R. B. Spencer Co. v. Nalle Co.Court of Appeals of Texas · 1912
  2. Allen v. TurnerSupreme Court of Kansas · 1940
  3. Patton v. MillsSupreme Court of Arkansas · 1878
  4. Housley v. Strawn Merchandise Co.Court of Appeals of Texas · 1923
  5. Barnett v. WingNew York Supreme Court · 1891

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