Nalle v. Gates
Texas Supreme Court
Error from Washington. Tried below before the the Hon. R. E. B. Baylor. Suit by James F. Nalle and James Baldridge, late partners, trading under name and style of Nalle & Baldridge, “ who sue for the use and benefit of J. F. Nalle,” against William P. Gates on a promissory note, dated March 4th, 1854, payable one day after date, for $175 21,. bearing interest at 10 per cent.
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Error from Washington. Tried below before the the Hon. R. E. B. Baylor. Suit by James F. Nalle and James Baldridge, late partners, trading under name and style of Nalle & Baldridge, “ who sue for the use and benefit of J. F. Nalle,” against William P. Gates on a promissory note, dated March 4th, 1854, payable one day after date, for $175 21,. bearing interest at 10 per cent. The suit was commenced Sept. 24th, 1855. Defendant demurred; denied all and singular, “ and particularly that said suit is brought for the use of plaintiff; and defendant further saith that he has long since paid off and…
1Opinion of the CourtWheeler, J.
It does not appear, otherwise than by the averment in the petition, that the suit was for the use of Nalle; that his co-plaintiff was but a nominal party. That averment was traversed specially by the answer; and there is no evidence of an assignment of the note, or of the interest of the one payee, to the other. This distinguishes the present from the cases which hold that the declaration of the former holder of a chose in action, shall not be received to impeach the title or impair the *319interest of his innocent assignee in a’suit by the latter. (Bristol v. Dan, 22 Wend. 142 ; Whitacre v.…
2Cited by10 opinions
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