Gregg v. Johnson
Texas Supreme Court
Appeal from Lamar. Tried below, before the Hon. It. H. Taylor. The head-notes and opinion of the court sufficiently indicate the facts of the case.
1Opinion of the CourtWalker, J.
This was an action on a promissory note made payable to J. G. Hartley. It is not what in law is termed a negotiable instrument. J. G. Hartley indorsed it in blank.
Where other than the payee of such a note sues upon it, a general denial by the defendant will put in issue the ownership of the note for a valuable consideration. A mere transfer by delivery will not enable the holder to recover, without averment and proof of such bona fide ownership. (See Merrill v. Smith, 22 Texas, 53.) The judgment in this case will he reversed and the cause remanded.
Reversed and remanded.
2Cases cited1 opinion
- Merrill v. SmithTexas Supreme Court · 1858
3Cited by8 opinions
- Sloan v. GilmoreCourt of Appeals of Texas · 1914
- Legg v. MorrowCourt of Appeals of Texas · 1933
- Warren v. Sigmond Rothschild Co.Court of Appeals of Texas · 1922
- Hubbard v. St. JohnCourt of Appeals of Texas · 1928
- McTaggart v. Texas Bitulithic Co.Court of Appeals of Texas · 1939
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