Raymond v. Holmes
Texas Supreme Court
Appeal from Bastrop. This suit was brought on a bill of exchange, drawn by Raymond & Grooms on J. D. Fuller & Co., New Orleans, Louisiana, in favor of Chancy Johnson, at ten days sight, and indorsed by Johnson to the appellee, Holmes. It was protested for non-acceptance and non-payment. Suit was brought in Bastrop county, within which county Johnson resided, against Johnson and the appellants, who were residents of the county of Travis, in a-joint action.
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Appeal from Bastrop. This suit was brought on a bill of exchange, drawn by Raymond & Grooms on J. D. Fuller & Co., New Orleans, Louisiana, in favor of Chancy Johnson, at ten days sight, and indorsed by Johnson to the appellee, Holmes. It was protested for non-acceptance and non-payment. Suit was brought in Bastrop county, within which county Johnson resided, against Johnson and the appellants, who were residents of the county of Travis, in a-joint action. The petition contained no averments of the protest and notice; but the action was brought to the first Term of the Court, after the cause…
1Opinion of the CourtLipscomb, J.
On the first point, it is only necessary to say, that it has been the uniform decision of this Court, that suit may be instituted in the county of the residence of any one of the defendants, and the others be brought in by branch citations, to the counties of their respective residences. A plaintiff, however, would not be permitted to abuse the privilege, by a fictitious indorsement, for the purpose of enabling him to bring the real parties, for trial, out of their own county of residence. (Pool v. Pickett, 8 Tex. R. 122.)
The second assignment presents a graver question: it is whether the law…
2Cited by3 opinions
- Litchenstein v. BrooksCourt of Appeals of Texas · 1889
- Amsinck v. . RogersNew York Court of Appeals · 1907
- Guernsey v. Imperial Bank of CanadaCourt of Appeals for the Eighth Circuit · 1911