Legal Opinion

McGowen v. Bush

Texas Supreme Court

Decided July 1, 1856PublishedCited by 6 opinions

Appeal from Sabine. Tried below before the Hon. Archibald W. 0. Hicks. In the month of December, 1853, defendant removed from the State of Georgia to Texas. About the first of January, 1854, he rented the Smith place in Sabine county, on which he had several negroes and other property. He had not yet removed his family. He was fifty-nine years of age. He brought Saunders with him as his overseer, employed for the year.

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1Opinion of the CourtLipscomb, J.

This suit was brought by the appellant on a note of hand, given by the defendant to one Saunders, and endorsed by him to the appellant. The defendant set up in his answer several defences against the note sued on, in each of which he alleges that the plaintiff had notice : and here, although out of the proper order, we had as well , say, that notice to the plaintiff, before the endorsement, is clear beyond controversy. It is not necessary to state the several defences set up by the defendant in his answer, because they all range under the following heads :

First, that the note was given under…

2Cited by6 opinions

Landa v. ObertTexas Supreme Court · 1876
Oliphant v. MarkhamTexas Supreme Court · 1891
Tower Contracting Co., Inc. of Tex. v. Burden Bros., Inc.Court of Appeals of Texas · 1972
Phelps & Johnson v. ZuschlagTexas Supreme Court · 1871
Hardin v. HardinTexas Supreme Court · 1873

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