Von Brandenstein v. Ebensberger

Citations

• 71 Tex. 267
• 9 S.W. 153
• 1888 Tex. LEXIS 1133

Syllabus

<p>1. Forbearance to Sue a Consideration.—An agreement to forbear to prosecute a suit to enforce a well founded claim in law or equity is a sufficient consideration to support a promissory note of the debtor or of a third person, when the creditor, in pursuance with such agreement, has forborne as agreed upon.</p> <p>2. Same.—Limitations of Same.—Such forbearance must be in respect of a well founded claim and there must be some person liable to suit therefor.</p> <p>3. Same.—Suit upon an account for two hundred and two dollars was brought against an administrator, in a justice’s court; the claim had not been verified by affidavit and presented to the administrator for allowance under the statute. An attachment was also sued out and was levied upon the household property of the deceased. The administrator, upon an agreement for the dismissal of the suit and release of the attached property assigned and delivered an obligation to pay the account sued on. Suit was brought upon this obligation. Held that there was no consideration for the obligation sued on and the petition showing all the facts, a demurrer thereto should have been sustained.</p>