Kauffman & Runge v. Thos. F. Hudson & Son

Citations

• 65 Tex. 716
• 1886 Tex. LEXIS 733

Syllabus

<p>1. Assignments—Act of March 24,1879—Creditor holding two claims—Acceptance of assignment as to one claim no bar to an action against debtor on the other—Neither the language nor the purpose of the act of March 24, 1879, relating to assignments for the benefit of creditors, prevents a creditor, who has two claims, one secured and the other unsecured, against his debtor who has made an assignment for the benefit of accepting creditors, from accepting the assignment as to the unsecured claim, and declining to accept as to the other; and as to any unsatisfied balance of the secured claim, that may remain after his security has been exhausted, such creditor may maintain an action against the debtor the same as if no assignment had been made.</p>