Gurley v. Ward

Citations

• 37 Tex. 20

Syllabus

<p>To secure payment of a debt of eight hundred dollars L. delivered to W. a note on other parties for a larger amount, payable to bearer. After-wards, W. sent the note to L., to be placed by the latter in an attorney’s hands, to be collected for the mutual benefit of W. and L. Attorneys were retained by L., but he was killed before he delivered them the note ; and it being found on his body, his widow obtained possession of it and delivered it to the attorneys, and they collected it from the makers. No administration was had upon L.’s estate. W. brought suit against the attorneys for the proceeds collected by them, and made the widow and heirs of L. also parties defendant, but subsequently dismissed as to them, and proceeded to trial against the attorneys, who demurred generally to the plaintiff's petition. Held, that the case is determinable by the principles announced in Robertson v. Paul, 16 Texas, 472. The relation between L. and W. was that of pledgor and pledgee, and the latter should have caused administration on L. ’s estate, and have authenticated his claim and presented it for allowance—in default of which, and after the dismissal of the suit as against L.’s heirs, the defendant’s demurrer should have been sustained. And it seems that L.’s estate being insolvent, his funeral expenses, and other claims of the first and the second class, were in any case entitled to priority over W.’s lien on the note.</p>