Binge v. Smith
Legal case in the Republic of Texas / From Wikipedia, the free encyclopedia
Binge v. Smith, Dallam 616 (1844), was a case decided by the Supreme Court of the Republic of Texas which held that where one party to a joint contract dies, the survivor may be sued; that the drawer and indorser of a promissory note may and should be joined in the same action if both be sued simultaneously; and that where separate actions were brought at different terms in the same court, plaintiff might be required to consolidate unless manifest injustice would thereby be done.
Quick Facts Binge v. Smith, Court ...
Binge v. Smith | |
---|---|
Court | Supreme Court of the Republic of Texas |
Full case name | William H. Binge & James Blair v. Sampson Smith |
Decided | 1844 |
Citation(s) | Dallam 616 (1844); 1844 WL 3886 (Tex.Rep.Sup.) |
Holding | |
That where one party to a joint contract dies, the survivor may be sued; that the drawer and indorser of a promissory note may and should be joined in the same action if both be sued simultaneously; and that where separate actions were brought at different terms in the same court, plaintiff might be required to consolidate unless manifest injustice would thereby be done. | |
Court membership | |
Judge(s) sitting | John Hemphill, Robert E. B. Baylor, Patrick C. Jack, William E. Jones, William J. Jones, Richard Morris, William B. Ochiltree |
Case opinions | |
Majority | Wm. J. Jones |
Concurrence | Morris, joined by Baylor |
Close