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· 3/16/1900

Coates v. Clayton & Kenner

Citations

  • 56 S.W. 118
  • 23 Tex. Civ. App. 62
  • 1900 Tex. App. LEXIS 278

Syllabus

<p>Voluntary Payment—Set-Off.</p> <p>Where the makers, of a note, being entitled to have a payment credited thereon which the payee had agreed to indorse upon the note, but had neglected to do so, paid the full amount of the note to an assignee thereof who took it after maturity, this was a voluntary payment, and they were not entitled to recover back the amount of such credit from the assignee, nor from the payee, nor to offset it in an action by the payee against them on another and distinct note.</p>

Judges: Pleasants

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