Hansborough v. Towns
Texas Supreme Court
Appeal from Brazoria County. The facts of this case are given in the opinion delivered by Mr. Chief. Justice Hemphill. contended that because the blank in the indorsement of the note was not filled up, before or at the trial, the plaintiff showed no interest in the note, and therefore was not entitled to recover. He cited 5 Har. and J. lio; 6 id. 160, 282. The two cases presented by the record form in fact but one suit.
Read the full summary
Appeal from Brazoria County. The facts of this case are given in the opinion delivered by Mr. Chief. Justice Hemphill. contended that because the blank in the indorsement of the note was not filled up, before or at the trial, the plaintiff showed no interest in the note, and therefore was not entitled to recover. He cited 5 Har. and J. lio; 6 id. 160, 282. The two cases presented by the record form in fact but one suit. The last is only a continuation of the first, by a new process sued out by the defendant, after judgment was obtained in the original suit. 4 La. 90, 293. It is too late to…
1Opinion of the CourtHemphill, C. J.
The appellant was sued on bis note of band, executed in favor of Mrs. M. C. Eoane, and which was afterwards, by her indorsement in blank, transferred to Eobert J. Towns, the appellee. A failure of' consideration was set up in defense, but was not sustained, as judgment was rendered against the appellant for the full amount of the note. From this an appeal was taken, and afterwards the defendant, Hansborough, filed his petition praying an injunction against the execution, which had been issued on the judgment, alleging that he had tendered an appeal bond, with sufficient security, in the time…
2Cited by6 opinions
- Flanagan v. PearsonTexas Supreme Court · 1884
- Lone Star Lodge, Knights & Ladies of Honor v. ColeCourt of Appeals of Texas · 1910
- Curlee Clothing Co. v. WickliffeTexas Supreme Court · 1936
- New York Chem. Co. v. Spell BrothersCourt of Appeals of Texas · 1909
- Coles v. KelseyTexas Supreme Court · 1847
1 more not listed; retrieve them via the Exa API.