Naylor v. Anderson
Decision Date | 24 April 1915 |
Docket Number | (No. 8175.) |
Citation | 178 S.W. 620 |
Parties | NAYLOR v. ANDERSON. |
Court | Texas Court of Appeals |
Appeal from Knox County Court; J. H. Milam, Judge.
Action by John Naylor against T. M. Anderson. From a judgment for defendant, plaintiff appeals. Reversed and remanded.
D. J. Brookreson, of Benjamin, for appellant. Jas. A. Stephens, of Benjamin, for appellee.
John Naylor instituted this suit against T. M. Anderson upon a promissory note executed by Anderson and W. D. Phy, payable to plaintiff, and from a judgment in favor of defendant, plaintiff has appealed.
In the petition plaintiff alleged that Phy was not sued because he was insolvent and a nonresident of the state, and that his residence was unknown.
The trial was by the court without the aid of a jury, and the following are the findings of fact and conclusions of law filed by the trial judge:
The facts so found were specially pleaded by Anderson, who further alleged, in substance, that at the time he wrote the...
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Arnett v. Simpson
...therefore, show no discharge or right of discharge under their obligation, or guaranty, for failure to sue or give notice. Naylor v. Anderson, 178 S. W. 620. The general rule is the creditor owes no duty of active vigilance to the surety to enforce the collection of indebtedness. 21 R. C. L......
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Self Motor Co. v. First State Bank of Crowell
...Robertson v. Angle, 76 S. W. 317. If it had been a request, unless it had been in writing, it would not discharge the surety. Naylor v. Anderson, 178 S. W. 620. It is apparently urged by Kincaid that he did not think there was any mortgage, because it could not be found on that day and had ......
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Hays v. First State Bank of Dell City
...Grocery Co. v. Strange, 18 S.W.2d 609 (Tex.Com.App.); Frost v. First State Bank & Trust Co., 276 S.W. 222 (Tex.Com.App.); Naylor v. Anderson, Tex.Civ.App., 178 S.W. 620 (n. w. For the reasons stated above, and based on the above authorities, it is our holding that the decision of the trial ......