Sydnor v. Gascoigne
Texas Supreme Court
Appeal from Galveston. This was a suit to the Fall Term, 1851, by appellee against Tryon & Towsey, as makers, and appellants, as indorsers, of a promissory note of which the following is a copy: “ $622 19-100. Galveston, May 1st, 1850. “ Sixty days after date we promise to pay to the order of “ Sydnor & Bone, six hundred and twenty-two 19-100 dollars “ for value received with interest at twelve per cent, per an- “ num from date ; payable in Galveston.
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Appeal from Galveston. This was a suit to the Fall Term, 1851, by appellee against Tryon & Towsey, as makers, and appellants, as indorsers, of a promissory note of which the following is a copy: “ $622 19-100. Galveston, May 1st, 1850. “ Sixty days after date we promise to pay to the order of “ Sydnor & Bone, six hundred and twenty-two 19-100 dollars “ for value received with interest at twelve per cent, per an- “ num from date ; payable in Galveston. “ (Indorsed.) TETON & TOWSEY.” “ Pay to the order of George Butler & Brother for account “ of J. W. Gascoigne, protest waived by us. “…
1Opinion of the CourtLipscomb, J.
The only point presented is, that notwithstanding our statute (Art. 2528, Hart. Dig.) dispenses with protest and notice, in fixing the liability of an indorser, it does not dispense with a demand. This question cannot now be considered an open one in this Court. In Cartwright v. Roff, (1 Tex. R. 78,) it is said in the opinion of the Court, that the statute dispenses with a demand, protest and notice. In Hutchins v. Flintge & Ralston, it is expressly decided that the statute dispenses with demand, protest and notice. (2 Tex. R. 473.) It was again so decided in Frost v. Holmes. (8 Tex. R. 29.)…
2Cases cited1 opinion
- Coddington v. DavisNew York Supreme Court · 1846
3Cited by14 opinions
- Shumway v. Horizon Credit Corp.Texas Supreme Court · 1991
- Whalen v. EtheridgeCourt of Appeals of Texas · 1968
- Thompson v. KayTexas Supreme Court · 1934
- Interstate Life Insurance Company v. TurnerCourt of Appeals of Texas · 1963
- Tyson v. MattairSupreme Court of Florida · 1858
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