Price v. Brady
Texas Supreme Court
Appeal from San Augustine. Tried below before Hon. A. O. W. Hicks. Tempe Price, the appellant, who was a judgment creditor of one 0. W. Brady, garnisheed the appellee, Greer, requiring him to answer, &c. Greer answered, that before the service of the writ of garnishment in this case he executed a promis sory note to said Brady, payable to him or bearer one day after date, for $287 50 ; that said note is unpaid; but that he did not know who was the owner of said note.
Read the full summary
Appeal from San Augustine. Tried below before Hon. A. O. W. Hicks. Tempe Price, the appellant, who was a judgment creditor of one 0. W. Brady, garnisheed the appellee, Greer, requiring him to answer, &c. Greer answered, that before the service of the writ of garnishment in this case he executed a promis sory note to said Brady, payable to him or bearer one day after date, for $287 50 ; that said note is unpaid; but that he did not know who was the owner of said note. But on the same day upon which he executed said note he gave said Brady a receipt for several notes, in which it was specified…
1Opinion of the Court
Hemphill, Ch. J.
Two questions are presented:
1st. Whether L. V. Greer is subject to garnishment as the maker of the promissory note to Charles W. Brady, the defendant in execution ?
2d. Whether he is liable in garnishment for certain promissory notes belonging to the defendant Brady, which he (Greer) has in possession, having given a receipt to Brady therefor, promissing to account to the holder of the receipt for the notes, or the money he might collect on the said notes ?
As to the first ground. The note in question, executed by the garnishee in fo.vor of Brady, was past due at the service of…
2Cases cited2 opinions
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
- Perry v. CoatesMassachusetts Supreme Judicial Court · 1813
3Cited by26 opinions
- Hoffman Chevrolet, Inc. v. Washington County National Savings BankCourt of Appeals of Maryland · 1983
- Cargill & Dennis v. Kountze Bros.Texas Supreme Court · 1894
- Moursund v. PriessTexas Supreme Court · 1892
- Taylor v. GilleanTexas Supreme Court · 1859
- Arthur v. BatteTexas Supreme Court · 1874
21 more not listed; retrieve them via the Exa API.