Barnett v. Logue's Administrators
Texas Supreme Court
Appeal from Colorado. The case was tried before Hon. Benjamin Shropshire, one of the district judges. Nathaniel Barnett sued G. T. Jamison and C. Windron, as administrators of John G. Logue, upon three notes, the first dated 23d March, 1860, payable four months after date to H. K. Lewis, for $1,031 25, which note was indorsed to the plaintiff; the other two were dated 13th April, 1860, payable to Allen & Becord, or bearer, each for $9,000, due at twelve and eighteen months,…
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Appeal from Colorado. The case was tried before Hon. Benjamin Shropshire, one of the district judges. Nathaniel Barnett sued G. T. Jamison and C. Windron, as administrators of John G. Logue, upon three notes, the first dated 23d March, 1860, payable four months after date to H. K. Lewis, for $1,031 25, which note was indorsed to the plaintiff; the other two were dated 13th April, 1860, payable to Allen & Becord, or bearer, each for $9,000, due at twelve and eighteen months, which were indorsed to the plaintiff. These notes were all averred to have been presented to the administrators, duly…
1Opinion of the CourtMoose, C. J.
The appellee did not intend by his plea of non est factum to question or deny the fact that the two notes for $9,000 each were indorsed by the payees, Allen & Record. The obvious purpose and effect of this plea is simply to put in issue the execution of the notes by John G. Logue, appellees’ intestate. Being properly verified by affidavit, it was amply sufficient for this purpose. (Tarpley v. Poage, 2 Tex., 146; Parr v. Johnson, 15 Tex., 297.)
Although appellant, both as bearer and indorser, has the legal title to said notes, and the suit upon them may, without doubt, therefore, he prosecuted…
2Cases cited3 opinions
- Grooms v. RustTexas Supreme Court · 1863
- McClenny v. Floyd's Adm'rTexas Supreme Court · 1853
- Parr v. JohnstonTexas Supreme Court · 1855
3Cited by6 opinions
- Neyland v. LanierCourt of Appeals of Texas · 1925
- Frank v. KaiglerTexas Supreme Court · 1872
- Felthouse Lumber Co. v. TijerinaCourt of Appeals of Texas · 1942
- Llano Improvement & Furnace Co. v. CrossCourt of Appeals of Texas · 1893
- Jensen v. J. Hays & Co.Court of Appeals of Texas · 1885
1 more not listed; retrieve them via the Exa API.