Brooks v. Breeding
Texas Supreme Court
Error from Colorado. Tried below before the Hon. Benjamin Shropshire. The fasts material to the rulings are stated in the opinion.. The defendants in the court below were Charles Kesler, maker of the note sued on, J. R. Brooks, the payee, who indorsed it in blank to J. R. Carlton, who indorsed it in blank to the defendant in error, plaintiff below. Brooks and Carlton, the indorsers, prosecute the writ of error.
1Opinion of the CourtLindsay, J.
By the amendment of the 6th section of the act of March 20th, 1848, prescribing the mode of fixing the liability of drawers and indorsers of bills of exchange and promissory notes, enacted on the 11th day of January, 1862, all holders of such hills and notes were placed upon the same-footing, as to legal remedies, whether such instruments originated in contracts between merchant and merchant, their factors or agents or not. The same method of fixing the liability of the parties to such instruments are alike open to all, and the act of the 11th of January, 1862, was, no doubt, intended-to…
2Cited by2 opinions
- Stratton v. JohnstonTexas Supreme Court · 1872
- McGary's v. McKenzieTexas Supreme Court · 1873