Fisher v. Phelps, Dodge & Co.
Texas Supreme Court
Error from Cass. Tried below before Hon. W. S. Todd. Suit against an endorser of a note. Petition alleged that--a certain note made by one Hays Jolly in the course of trade, and for aValuable consideration, was transferred and assigned to the petitioner. That subsequently, upon the maturity of said note, it was presented at the place where it was made payable and demand of payment made which was refused, and "the same was protested, of which the endorser had notice.
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Error from Cass. Tried below before Hon. W. S. Todd. Suit against an endorser of a note. Petition alleged that--a certain note made by one Hays Jolly in the course of trade, and for aValuable consideration, was transferred and assigned to the petitioner. That subsequently, upon the maturity of said note, it was presented at the place where it was made payable and demand of payment made which was refused, and "the same was protested, of which the endorser had notice. That on the 9th August, 1853, (upwards of a year after it became due,) petitioners instituted suit against the maker, and' at…
1Opinion of the Court
Hemphill, Ch. J.
The demurrer to the petition was properly overruled.
True there was no allegation of suit against the maker at the first Term of the Court after the maturity of the note, or at the second with cause alleged, etc. (Hart. Dig., Art. 2528.) But it was alleged that there was presentment, demand, and refusal of payment, with protest for non-payment of which the appellant, who was the endorser of the note, had notice. These facts fixed his liability, (Art. 2531,) and the petition on its averments was sufficient in law.
But there is one ground (namely, that the verdict for the…
2Cases cited1 opinion
- Sage v. HawleySupreme Court of Connecticut · 1844
3Cited by28 opinions
- Western Coal & Mining Co. v. HilvertArizona Supreme Court · 1945
- Wood v. Canfield Paper Co.Texas Supreme Court · 1928
- Anthes v. AnthesIdaho Supreme Court · 1912
- Ray v. O'NEALCourt of Appeals of Texas · 1996
- Phillips v. HolmanTexas Supreme Court · 1862
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