Horton v. Manning
Texas Supreme Court
Appeal from Leon. Tried below before the Hon. J. B. Rector. The note sued on was made by S. M. Horton and W. H. Horton to one Wilson, and at the time it was made, Orson McDaniel indorsed it in blank. Wilson immediately transferred and delivered the note to one Donaldson, who placed it in the hands of Weir, an attorney, for collection.
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Appeal from Leon. Tried below before the Hon. J. B. Rector. The note sued on was made by S. M. Horton and W. H. Horton to one Wilson, and at the time it was made, Orson McDaniel indorsed it in blank. Wilson immediately transferred and delivered the note to one Donaldson, who placed it in the hands of Weir, an attorney, for collection. Manning, the plaintiff and appellee, by an arrangement with S. M. Horton, furnished the money to take up the note and prevent suit upon it; and Donaldson, testifying for Manning, stated that McDaniel told him that Manning was to furnish the money and hold the…
1Opinion of the CourtOgden, J.
There can be no doubt that J. M. Manning, the appellee in this case, on paying the amount of the note sued on to Weir, who held the same for collection as the property of Donaldson, became the legal and iona fide owner of the same, and was fully authorized -by law to sue the makers and indorser in his own name; and the fact that S. M. Horton and McDonald requested him to. advance the money, and take the note out of the hands of the attorney, who was about to bring suit on the same, in no wise affected the liability of either the makers or indorser.
The indorser who signs his name in blank…
2Cited by5 opinions
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