credit clause in Texas

7 Texas opinions name it 2 courts 1910–2015 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

Case	Followed	Cited
Nohrr v. Brevard County Educational Fac. Auth.green fla · 1971 · cited in 2 Texas opinions naming this issue, 1996–1996 2 sentences 1996There the court upheld, against a credit-clause challenge, a state law "authoriz[ing] a board of county commissioners to establish a county educational facilities authority to issue revenue bonds for financing the construction of facilities for private higher educational institutions in the county," id. at 307 . 1996Having noted the statutory provision stating that the bonds "shall not be deemed to constitute a debt or liability of the state or of any such county, but Shall be payable solely from the funds herein provided therefor from revenues," id. at 307-08 , the court applied the same rule as did the Idaho court in Engelking: The word `credit,' as used in [the credit clause of Florida's constitution], implies the imposition of some new financial liability upon the State or a political subdivision which in effect results in the creation of a State or political subdivision debt for the benefit of privat	1	2
Jones v. Kelleygreen tex · 1981 · cited in 1 Texas opinions naming this issue, 2015–2015 1 sentence 2015See Gordon v. Leasman, 365 S.W.3d 109 , Jones, 614 S.W.2d at 100 ).13 116 (Tex.App.—Houston [1st Dist.] 2011, no pet.); [9] Roylex, Inc., 559 S.W.2d at 838.	1	1
Alan Gordon, Lauren Gordon, and IBL Construction & Design, LLC v. Dennis Leasman D/B/A Leasman Contractinggreen texapp · 2011 · cited in 1 Texas opinions naming this issue, 2015–2015 1 sentence 2015See Gordon v. Leasman, 365 S.W.3d 109 , Jones, 614 S.W.2d at 100 ).13 116 (Tex.App.—Houston [1st Dist.] 2011, no pet.); [9] Roylex, Inc., 559 S.W.2d at 838.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (14)

Case	Cited	Years
Jarrolt v. Moberly green scotus · 1881 2 sentences 1996WestchesterCovnryNationalBank, 132N.E. 241,245(N.Y. 1921)(issuaaceof datebondsandgift of pmaeds to railmad corporationwould be unmnstitutional gift p. 2093 The Honorable Tii Curry - Page 10 @M-382) example, in Jarrolt v. Ci@ of Moberly, 103 U.S. 580 (ISSO), the Supreme Court construed a credit clause as prohibiting a municipal corporation in Missouri from issuing public bonds and using the proceeds for the purchase of a machine shop to give to a railroad. 1996For example, in Jarrolt v. City of Moberly, 103 U.S. 580 (1880), the Supreme Court construed a credit clause as prohibiting a municipal corporation in Missouri from issuing public bonds and using the proceeds for the purchase of a machine shop to give to a railroad.	2	1996–1996
Ellis v. Waldrop green tex · 1983 1 sentence 2015“The purpose of the presentment receiving an invoice *926 as well as having the credit requirement is to allow the party against whom the claim card charge reversed, “thus constituting non-payment of is asserted an opportunity to pay it or tender performance the invoice.” Evidence that the plaintiff sent an invoice to within 30 days after they have notice of the claim without the defendant can satisfy a plaintiff’s burden to prove incurring an obligation for attorney’s fees.” Id. (citing presentment.	1	2015–2015
Tosto v. Pennsylvania Nursing Home Loan Agency green pa · 1975 1 sentence 1996III , § 49 interpretive commentary. [2] The omitted footnotes quote section 3 of article VIII ("Taxes shall be levied and collected by general laws and for public purposes only") and part of section 6 of article XVI ("No appropriation for private or individual purposes shall be made . . ."). [3] Note that both article III, section 52, and article XI, section 3, include a credit clause, a stock clause, and an appropriation clause. [4] Decisions concluding that "loan of credit" or a similar phrase means only an assumption of secondary liability include the following: Common Cause v. Maine, 455 A	1	1996–1996
Veterans' Welfare Board v. Jordan green cal · 1922 1 sentence 1996A broader construction of the credit clause-that “lending of credit” also occurs when the government incurs primary indebtedness-is found in several other casesS For Qecisions eoochding that ‘loso ofcrcdit”or a similarphraseiachrdcsaa assampuonef primary Uahility liabilityincludeIhefollowing:V&ram ’We/j&eBomf Y. as well as an aswmptioaof secondary Jordan, 208 P. 284 (Cal. 1922);New YorkY.	1	1996–1996
Common Cause v. State green me · 1983 1 sentence 1996III , § 49 interpretive commentary. [2] The omitted footnotes quote section 3 of article VIII ("Taxes shall be levied and collected by general laws and for public purposes only") and part of section 6 of article XVI ("No appropriation for private or individual purposes shall be made . . ."). [3] Note that both article III, section 52, and article XI, section 3, include a credit clause, a stock clause, and an appropriation clause. [4] Decisions concluding that "loan of credit" or a similar phrase means only an assumption of secondary liability include the following: Common Cause v. Maine, 455 A	1	1996–1996
State ex rel. Wisconsin Development Authority v. Dammann green wis · 1938 1 sentence 1996Wisconsin Development Authority v. Dammann, 280 N.W. 698 , 715 (Wis. 1938).	1	1996–1996
Johns Hopkins University v. Williams green md · 1952 1 sentence 1996III , § 49 interpretive commentary. [2] The omitted footnotes quote section 3 of article VIII ("Taxes shall be levied and collected by general laws and for public purposes only") and part of section 6 of article XVI ("No appropriation for private or individual purposes shall be made . . ."). [3] Note that both article III, section 52, and article XI, section 3, include a credit clause, a stock clause, and an appropriation clause. [4] Decisions concluding that "loan of credit" or a similar phrase means only an assumption of secondary liability include the following: Common Cause v. Maine, 455 A	1	1996–1996
Engelking v. Investment Board green idaho · 1969 1 sentence 1996Thus, the court held, the investment of existing funds of the state in bonds, notes, and stock of private corporations did not violate the credit clause, "for no new State debts are created by such action." Id.	1	1996–1996
Gruen v. State Tax Commission green wash · 1949 1 sentence 1996III , § 49 interpretive commentary. [2] The omitted footnotes quote section 3 of article VIII ("Taxes shall be levied and collected by general laws and for public purposes only") and part of section 6 of article XVI ("No appropriation for private or individual purposes shall be made . . ."). [3] Note that both article III, section 52, and article XI, section 3, include a credit clause, a stock clause, and an appropriation clause. [4] Decisions concluding that "loan of credit" or a similar phrase means only an assumption of secondary liability include the following: Common Cause v. Maine, 455 A	1	1996–1996
Deal v. Madison green texapp · 1978 2 sentences 1980Columbia cites the recent case of Deal v. Madison, 576 S.W.2d 409 (Tex.Civ.App.—Dallas 1978, writ ref’d n. r. e.). 1980Columbia cites the recent case of Deal v. Madison, 576 S.W.2d 409 (Tex.Civ.App. Dallas 1978, writ ref'd n. r. e.).	1	1980–1980
Bexar County v. Linden green · 1920 1 sentence 1951Although municipal corporations have been said to be created primarily to regulate the internal concerns of the inhabit- ants of a defined locality in matters peculiar to the place incorpo- rated, Bexar County v. Linden, 110 Tex. 339 , 220 S.W.Zd 61 (1920), Hon.	1	1951–1951
Huddleston, Administrator v. Kempner green tex · 1894 2 sentences 1941The following authorities support this conclusion. 14 Tex.Jur. 216, 526; Huddleston v. Kempner, Tex.Civ.App., 28 S.W. 236 , writ denied in 87 Tex. 372 , 28 S.W. 936 ; Jackson v. Berliner, Tex.Civ.App., 127 S.W. 1160 ; Claridge v. Lavenburg, 7 Tex. Civ. 1941The following authorities support this conclusion. 14 Tex.Jur. 216, 526; Huddleston v. Kempner, Tex.Civ.App., 28 S.W. 236 , writ denied in 87 Tex. 372 , 28 S.W. 936 ; Jackson v. Berliner, Tex.Civ.App., 127 S.W. 1160 ; Claridge v. Lavenburg, 7 Tex. Civ.	1	1941–1941
Claridge v. Lavenburg neutral texapp · 1894 1 sentence 1941The following authorities support this conclusion. 14 Tex.Jur. 216, 526; Huddleston v. Kempner, Tex.Civ.App., 28 S.W. 236 , writ denied in 87 Tex. 372 , 28 S.W. 936 ; Jackson v. Berliner, Tex.Civ.App., 127 S.W. 1160 ; Claridge v. Lavenburg, 7 Tex. Civ.	1	1941–1941
Walters v. Prestidge neutral · 1867 1 sentence 1910Walters v. Prestidge, 30 Texas, 65 .	1	1910–1910

Where else courts name it

IL 11 (1993–2017) NY 8 (1902–2012) CA 8 (1981–2024) VA 7 (1959–2011) TX 7 (1910–2015) AR 4 (1930–1999) PA 4 (1920–2024) MD 4 (1952–2020) AZ 3 (1995–2014) NJ 3 (1958–2020) MI 3 (1962–2021) KY 2 (1932–1959) MS 2 (1985–2012) MO 2 (1969–2011) CT 2 (1996–2001) MN 2 (1984–1984) TN 2 (1932–2022) NE 2 (1959–2015) MA 2 (1975–1994) ME 2 (1983–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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