Rhode v. Alley
Texas Supreme Court
Appeal from Lavaca. Tried below before the Hon. Fielding Jones. William Alley, one of the appellees, instituted this suit on the 22d of January, 1859, against Rhode, the appellant, on his promissory note for two thousand five hundred dollars, dated August 21st, 1857, due January 1st, 1859, payable to James 0. Loe or order, and by him assigned without recourse, by an indorsement without date, to the plaintiff Alley.
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Appeal from Lavaca. Tried below before the Hon. Fielding Jones. William Alley, one of the appellees, instituted this suit on the 22d of January, 1859, against Rhode, the appellant, on his promissory note for two thousand five hundred dollars, dated August 21st, 1857, due January 1st, 1859, payable to James 0. Loe or order, and by him assigned without recourse, by an indorsement without date, to the plaintiff Alley. The note expressed upon its face that it was given “for value received in the purchase of tbiree hundred and four acres of land off of the Morris and Mixon leagues.” The defendant…
1Opinion of the CourtBell, J.
We are of opinion that the court below did not err in the rendition of judgment in favor of the plaintiff below, Wil- , liam Alley. • The legal presumption is that the note sued on was .transferred to Alley before maturity; he so alleged in his amended *445petition, and if the fact were otherwise the proof of it devolved upon the defendant. The statement of facts shows that the plaintiff, Alley, read the note in evidence, but it is not shown that the indorsement by Loe was offered in evidence. This omission, however, is unimportant, because the indorsement and transfer of the note by Loe to Alley…
2Cited by14 opinions
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- J. I. Case Threshing MacH. Co. v. WebbCourt of Appeals of Texas · 1915
- Davis v. DriscollCourt of Appeals of Texas · 1899
- McIntyre v. DeLongTexas Supreme Court · 1888
- Old Nat. Life Ins. Co. v. BibbsCourt of Appeals of Texas · 1944
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