Brightman v. Reeves
Texas Supreme Court
Appeal from Karnes. Tried below before the Hon. Edmund J. Davis. Suit by John Reeves, executor of Daniel Lloyd, alleging that in May or June, 1856, his testator pledged to Jarnett & Morgan a note on John C. Brightman for $800, dated 6th February, 1856, payable to said Lloyd, or order, two years after date, with interest at the rate of ten per cent, per annum from date, to secure the payment of a debt of $51, due from Lloyd to said Jarnett & Morgan ; that Jarnett & Morgan had…
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Appeal from Karnes. Tried below before the Hon. Edmund J. Davis. Suit by John Reeves, executor of Daniel Lloyd, alleging that in May or June, 1856, his testator pledged to Jarnett & Morgan a note on John C. Brightman for $800, dated 6th February, 1856, payable to said Lloyd, or order, two years after date, with interest at the rate of ten per cent, per annum from date, to secure the payment of a debt of $51, due from Lloyd to said Jarnett & Morgan ; that Jarnett & Morgan had wrongfully and fraudulently made a pretended sale of said note to Elijah Harper for $51; and that Harper had made a…
1Opinion of the CourtRoberts, J.
Thb Court charged the jury, that “ if Bright-man or Harper purchased the note without notice, and without such circumstances coming to their knowledge as should have put them on enquiry, then they are not liable to this action ; but if, on the contrary, it be proved that Brightman or Har*76per bought the note with express notice of the pledge, or that the same was offered to them for a price so much below its real value as should have excited their reasonable suspicion, that there was fraud in the transaction, then they are liable for such note.”
This charge makes the liability of these…
2Cited by11 opinions
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- Bomar v. SmithCourt of Appeals of Texas · 1917
- Hunter v. HamiltonSupreme Court of Kansas · 1893
- Peoples National Bank v. Brogden & BryanTexas Supreme Court · 1904
- Young v. Bank of MiamiCourt of Appeals of Texas · 1913
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