Insall v. Robson
Texas Supreme Court
Error from Colorado. Tried before the Hon. Nelson H. Hunger. Suit commenced June 16th, 1853, against Archibald Mc-Neill, John H. Robson and Charles L. Muckleroy, by the plaintiff in error, on a promissory note, dated February 20th, 1852, of McNeill, payable to Robert Robson, or bearer, one day after date ; transferred by delivery to John H. Robson ; assigned in part by the latter to Muckleroy ; and on the 7th of October, 1852, endorsed by John H. Robson and Muckleroy to the…
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Error from Colorado. Tried before the Hon. Nelson H. Hunger. Suit commenced June 16th, 1853, against Archibald Mc-Neill, John H. Robson and Charles L. Muckleroy, by the plaintiff in error, on a promissory note, dated February 20th, 1852, of McNeill, payable to Robert Robson, or bearer, one day after date ; transferred by delivery to John H. Robson ; assigned in part by the latter to Muckleroy ; and on the 7th of October, 1852, endorsed by John H. Robson and Muckleroy to the plaintiff. The petition alleged that suit was not brought against McNeill heretofore, because he was, at the time of…
1Opinion of the CourtWheeler, J.
By the provision of the 6th Section of the “ Act to dispense with the necessity of protesting negotiable instruments,” &c., the assignor, or indorser, may be sued without the necessity of previously sueing the drawer or maker, when he is “ notoriously insolvent.” If the insolvency of the maker will dispense with the necessity of sueing him at all, in order to hold the indorser liable, it, of course, must dispense with the necessity of sueing him to the first Term of the Court. It is the sueing of the maker which fixes the liability of the indorser, under the statute ; and wdiere that is…
2Cited by10 opinions
- Norton v. WochlerCourt of Appeals of Texas · 1903
- Hanrick v. AlexanderTexas Supreme Court · 1879
- Wood, Pinson & Hanks v. McMeansTexas Supreme Court · 1859
- Daniel v. BrewtonCourt of Appeals of Texas · 1911
- McCamant v. McCamantCourt of Appeals of Texas · 1918
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