Gilbert v. Hancock

Court of Appeals of Texas

Gilbert v. Hancock

2 Wilson 329

CourtCourt of Appeals of Texas

DecidedOctober 25, 1884

DocketNo. 3102

StatusPublished

This text of 2 Wilson 329 (Gilbert v. Hancock) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gilbert v. Hancock, 2 Wilson 329 (Tex. Ct. App. 1884).

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Opinion

Opinion by

Willson, J.

§ 3 7 9. Trustees; judgment against, in suit for debt of cestui que trust. Appellee sued appellants as trustees of the Methodist Episcopal Church South, of Abilene, for labor done in building a church. He recovered a judgment for his debt. Appellants claim that the judgment is against them personally. Held, that appellants were sued in their fiduciary canacity only, and that judgment [330]*330should he against them only in that capacity, with execution against the cestui que trust, wherefore the judgment was reformed and rendered accordingly.

October 25, 1884.

Reformed and rendered.

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Opinion by

Willson, J.

§ 3 7 9. Trustees; judgment against, in suit for debt of cestui que trust. Appellee sued appellants as trustees of the Methodist Episcopal Church South, of Abilene, for labor done in building a church. He recovered a judgment for his debt. Appellants claim that the judgment is against them personally. Held, that appellants were sued in their fiduciary canacity only, and that judgment [330]*330should he against them only in that capacity, with execution against the cestui que trust, wherefore the judgment was reformed and rendered accordingly.

October 25, 1884.

Reformed and rendered.

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Bluebook (online)

2 Wilson 329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilbert-v-hancock-texapp-1884.