Colbertson v. Beeson
Texas Supreme Court
Appeal from Houston. . The case was tried before Hon. Reuben A. Reeves, one of the district judges. The suit was brought on a note payable to the * * “ or bearer.” The plaintiff was not one of the payees, nor did the petition aver delivery to him, or that he was holder or bearer. The judgment-was by default. The defendant prosecuted error, and assigned several causes, but not the one on which the case turned.
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Appeal from Houston. . The case was tried before Hon. Reuben A. Reeves, one of the district judges. The suit was brought on a note payable to the * * “ or bearer.” The plaintiff was not one of the payees, nor did the petition aver delivery to him, or that he was holder or bearer. The judgment-was by default. The defendant prosecuted error, and assigned several causes, but not the one on which the case turned. The defendant in error suggested delay, and thus opened up the errors of record. Ho briefs were filed.
1Opinion of the CourtMoore, J.
This is a suit on a promissory note, payable to William M. Taylor and others, executors of William F. Wall, deceased, or bearer. The execution and delivery of the note to the payees'is distinctly averred in the petition; but it is not alleged that the plaintiff, Beeson, is either the bearer or owner of it, or in any way connected with or entitled to enforce the liability created in favor of the payees by the execution and delivery of the note to them. It is unquestionably an elementary principle, that the liability of the defendant to the plaintiff!, on the cause of action for which the suit…
2Cases cited3 opinions
- Malone v. CraigTexas Supreme Court · 1858
- Gray v. OsborneTexas Supreme Court · 1859
- Thigpen v. MundineTexas Supreme Court · 1859
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- Merriman v. Swift & Co.Court of Appeals of Texas · 1918
- Missouri State Life Ins. v. RhyneCourt of Appeals of Texas · 1925
- Rhyne v. Missouri State Life Ins.Texas Commission of Appeals · 1927
- Dillard v. A. G. McAdams Lumber Co.Court of Appeals of Texas · 1911
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