Clay v. Power
Texas Supreme Court
Error from Washington. Tried below before the Hon. Robert E. B. Baylor. This was a suit by Charles J. Power against the plaintiffs in error, Tacitus Clay and Thomas Morris, to enjoin them from collecting, or in any manner disposing of a note for $1000, executed to him by'Louisa M. Power, and endorsed in blank by Charles Power, which he alleged he had placed in the hands of the defendant, Olay, as his agent, &e.
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Error from Washington. Tried below before the Hon. Robert E. B. Baylor. This was a suit by Charles J. Power against the plaintiffs in error, Tacitus Clay and Thomas Morris, to enjoin them from collecting, or in any manner disposing of a note for $1000, executed to him by'Louisa M. Power, and endorsed in blank by Charles Power, which he alleged he had placed in the hands of the defendant, Olay, as his agent, &e. The defendant, Clay, denied that he had ever been the agent of the plaintiff, for the purpose stated in the petition, or had received the note in controversy from him, or held it as…
1Opinion of the CourtRoberts, J.
The answer of Clay alleges the note to be the property of Power’s wife. Whether it be his or his wife’s, he is entitled to the possession and control of it; and therefore the judgment of the court in his favor is correct.
Judgment affirmed.
2Cited by4 opinions
- Kempner v. HuddlestonTexas Supreme Court · 1896
- Continental Insurance v. MillikenTexas Supreme Court · 1885
- Holloway v. HollowayTexas Supreme Court · 1867
- Broussard v. LawsonCourt of Appeals of Texas · 1911