McKenzie v. Harris
Texas Commission of Appeals
Appeal from Ellis county. Opinion by Quinan, J. Statement.— This suit was instituted on the 5th of August, 1873, by Harris against the president and treasurer of Marion College and McKenzie and wife, upon a draft drawn by F. P. Fry, president of the board of trustees ■ of Marion College, on B. F. Hawkins, treasurer of the board, in favor of J. P. McKenzie, for S596, accepted on July 10, 1872, and who, on July 15, 1872, transferred it to J. L. Stroop.
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Appeal from Ellis county. Opinion by Quinan, J. Statement.— This suit was instituted on the 5th of August, 1873, by Harris against the president and treasurer of Marion College and McKenzie and wife, upon a draft drawn by F. P. Fry, president of the board of trustees ■ of Marion College, on B. F. Hawkins, treasurer of the board, in favor of J. P. McKenzie, for S596, accepted on July 10, 1872, and who, on July 15, 1872, transferred it to J. L. Stroop. The petition alleges that at the same time McKenzie and wife executed a mortgage to secure the payment of the draft; that afterwards, on the 2d…
1Opinion of the Court
Opinion.— The liability which McKenzie, the payee of the draft sued on, by writing his name on the back of the instrument, incurred, was that of indorser. The contract of indorsement is as fully expressed by his signature as if it were written out in full above it. There is no ambiguity about it. He contracts to pay the draft himself if Hawkins, the treasurer of Marion College, does not pay it, and suit is instituted thereon at the first term of the court after the right of action against Hawkins accrues, or at the second term if good cause is shown wiry suit was not instituted before the…
2Cases cited1 opinion
- Thompson v. PayneTexas Supreme Court · 1858
3Cited by2 opinions
- First Nat. Bank of Midland v. PowellCourt of Appeals of Texas · 1912
- Seguin Milling & Power Co. v. GuinnCourt of Appeals of Texas · 1911