Cook v. Southwick
Texas Supreme Court
Error iron) Galveston. The defendant in error sued the plaintiffs in error on a note which read as follows : “GALVESTON, Oct. Ixt, 184G. “300. Five months after date I iiromise to pay Robert O. W. McMannns, “ three hundred dollars, being in part payment for the steamboat called the “Little Sally. (Signed) Wm. M. Cook.” (Indorsed) “Henry IIubbell.”
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Error iron) Galveston. The defendant in error sued the plaintiffs in error on a note which read as follows : “GALVESTON, Oct. Ixt, 184G. “300. Five months after date I iiromise to pay Robert O. W. McMannns, “ three hundred dollars, being in part payment for the steamboat called the “Little Sally. (Signed) Wm. M. Cook.” (Indorsed) “Henry IIubbell.” The petition alleged that the defendant, Cook, by his note, which was set out, and the defendant, IIubbell, by his indorsement thereof, at the same time became liable and promised to pay the contents thereof to tlxe payee, who assigned the note to…
1Opinion of the CourtIYiibeTjER, J.
It is insisted for the plaintiff in error that Hubbell was but a surety upon the note, and that the plaintiff was guilty of such laches in obtaining service ou his principal, Cook, as to discharge the surety.
Judge Story, in his Commentaries on the Law of Promissory Notes, &c., says: “In some cases it is a matter of considerable nicety to decide in wliat cliarac-“ter a party stands upon a promissory note in virtue of his indorsement there- “ of. ll is plain that if lie is the payee of the note, whether negotiable or not, “ lie is to be deemed a guarantor of the note upon the footing'of the…
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