Davis v. Gray
Texas Supreme Court
Appeal from Hays. Tried below before the Hon. L. W. Moore. The opinion states the case.
1Opinion of the Court
Stayton, Associate Justice.—
The note made the foundation of this action is negotiable in form; bears no evidence on its face that it ever was expected to be signed by any other persons than P. E. Turner & Co. and J. S. Davis, the appellant, and, if the averments of the answer are to be taken as true, was delivered by Turner & Co. to Gray, in the ordinary course of business, for a valuable consideration.
*507This being true, it must be held that any agreement between Turner & Go. and Davis, to the effect that the note should not be used unless Ellison and Kyle also signed it as sureties, cannot…
2Cases cited4 opinions
- State ex rel. Bothrick v. PotterSupreme Court of Missouri · 1876
- Russell v. . FreerNew York Court of Appeals · 1874
- Nash v. FugateSupreme Court of Virginia · 1880
- Ward v. HackettSupreme Court of Minnesota · 1883
3Cited by12 opinions
- Wilson v. DentonTexas Supreme Court · 1891
- Worsham v. StateCourt of Criminal Appeals of Texas · 1909
- Link v. PageTexas Supreme Court · 1889
- Potts v. BurkettCourt of Appeals of Texas · 1926
- Security Bank & Trust Co. v. FosterCourt of Appeals of Texas · 1923
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