Carr's Ex'ix v. Rowland
Texas Supreme Court
Appeal from Titus. Suit by appellee against the appellant and others on a.promissory note, as follows : On or before the first day of June, A. D. 1858, I promise to pay Gibson Myers and Jesse P. Hale, one thousand dollars, for value received. Given under my hand this 20th day of June, A. D. 1851. WILLIAM SPICER. Endorsed by Gibson Myers and H. B. Carr.
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Appeal from Titus. Suit by appellee against the appellant and others on a.promissory note, as follows : On or before the first day of June, A. D. 1858, I promise to pay Gibson Myers and Jesse P. Hale, one thousand dollars, for value received. Given under my hand this 20th day of June, A. D. 1851. WILLIAM SPICER. Endorsed by Gibson Myers and H. B. Carr. The suit was commenced on the 13th of October, 1853. The petition contained a copy of the note and endorsements, and alleged that Hale had transferred all his interest in said note, for a valuable consideration, to the plaintiff, by delivery…
1Opinion of the CourtWheeler, J.
The indorsement of the note by the appellant’s testator, was not in the character of an ordinary indorser or assignor. It was in that of a guarantor or surety. He was not a payee, transferring the note by his indorsement. He put bis name upon the back of the note, which was payable to others, who transferred it to the plaintiff. He, therefore, is not to be considered in the light of a common indorser, and was entitled to none of the privileges of that character. (Moies v. Bird, 11 Mass. R. 436, 440.)
*277In the case of Cook v. Southwick, (9 Tex. R. 615,) it was held that where a person, not the…
2Cases cited1 opinion
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
3Cited by21 opinions
- Burton & Co. v. HansfordWest Virginia Supreme Court · 1877
- Latham v. Houston Flour MillsTexas Supreme Court · 1887
- Heidenheimer Bros. v. BlumenkronTexas Supreme Court · 1882
- McCamant v. McCamantCourt of Appeals of Texas · 1916
- Rothschild v. GrixMichigan Supreme Court · 1875
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