Sanborn & Warner v. Norton & Dentz
Texas Supreme Court
Appeal from Bexar. Tried below' before the Hon. George W. Moonan. Suit by Sanborn & Warner on a sworn account for about $1,586.58. The defendants pleaded that they had on December 9, 1879, made a general assignment for the benefit of creditors to J. F. Minter, assignee ; that plaintiffs, on April 12, 1880, filed with the assignee the claim sued on, and that by the act of thus filing they were estopped from suing. The case was tried by the judge without a jury.
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Appeal from Bexar. Tried below' before the Hon. George W. Moonan. Suit by Sanborn & Warner on a sworn account for about $1,586.58. The defendants pleaded that they had on December 9, 1879, made a general assignment for the benefit of creditors to J. F. Minter, assignee ; that plaintiffs, on April 12, 1880, filed with the assignee the claim sued on, and that by the act of thus filing they were estopped from suing. The case was tried by the judge without a jury. Judgment for defendants. The errors assigned were: 1st. The court erred in ruling that the filing of plaintiffs’ claim with the…
1Opinion of the Court
Willie, Chief Justice.—
The statement of facts does not inform us whether the assignment pleaded and offered in proof by appellees did or did not contain a provision for their discharge from the claims of creditors accepting it, as provided by the third section of the law of March 24, 1879.
The answer of appellees merely alleges that they made an assignment under that law, the time of making it, the name of the assignee, the service of notice and the filing of the claim sued on with the assignee, verified according to law.
Taking the allegations of the answer most strongly against the pleader,…
2Cited by8 opinions
- Limbocker v. HiginbothamSupreme Court of Kansas · 1894
- Hudson v. P. J. Willis & Bro.Texas Supreme Court · 1886
- In re the Assignment of BirdSupreme Court of Minnesota · 1888
- Mills v. SwearingenTexas Supreme Court · 1887
- Ahlo v. Tai LungHawaii Supreme Court · 1893
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