Bradford v. Arnold

Citations

• 33 Tex. 412

Syllabus

<p>1. A.’s note being in the hands of attorneys for collection, they received from him certain collaterals, consisting of claims on other parties, to be collected by them and the proceeds applied to the note ; and they gave to A. their receipt, stipulating that he should not be sued ou his note • unless the coliat.rals could not be collected, and reciting, that he guaranteed the payment of the collaterals'. Suit being brought against A. on his note, he pleaded the receipt as a defense, alleging want of diligence on the part of the attorneys in respect of the collection of the collaterals. Held, that the attorneys’ receipt could afford to A. no defense to the action; il there was any breach of their contract with him, he had his remedy against them for damages.</p>