Close v. Fields
Texas Supreme Court
This was an action brought by the appellee to recover fifteen hundred dollars, alleged to have been received by the appellant as his trustee. The defendant below pleaded payment and setoff.
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This was an action brought by the appellee to recover fifteen hundred dollars, alleged to have been received by the appellant as his trustee. The defendant below pleaded payment and setoff. The plaintiff proved the receipt of the money by the defendant, and in support of his pleas, the defendant, among other evidence, offered three drafts of the plaintiff, the signatures to which were admitted, and which were in the following words: No. 1. “ Hiram Close, Trustee, Ton. will please pay or order four hundred dollars, par funds, when collected, of the proceeds of a note now in your hands, drawn…
1Opinion of the Court 1
Mr. Justice Wheeleb,
having presided at the trial in the court below, did not sit in this case.
2Opinion of the Court · LipscombJustice Lipscomb
The first objection taken to the admissibility of the evidence applies to the first two orders, that the name of the payee was in blank. In Bayley on Bills, 30, 31, it is said, if a bill or note be issued with a blank for the payee’s name, any Iona fide holder may insert his own name as payee, .... but until the blank is filled, it is not a bill or note, unless, perhaps, where it may be considered in legal operation as payable to the order of the drawer. Where a bill is payable to a fictitious…
3Cases cited4 opinions
- Garlock v. GeortnerNew York Supreme Court · 1831
- Alvord v. BakerNew York Supreme Court · 1832
- Bell v. NorwoodSupreme Court of Louisiana · 1834
- Cloud v. SmithTexas Supreme Court · 1846
4Cited by14 opinions
- Faires v. CockerellTexas Supreme Court · 1895
- Wells v. HobbsCourt of Appeals of Texas · 1909
- Merchants National Bank v. McAnultyTexas Supreme Court · 1896
- Curlee Clothing Co. v. WickliffeTexas Supreme Court · 1936
- Smith v. CooleyCourt of Appeals of Texas · 1914
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