Kauffman & Runge v. Robey
Texas Supreme Court
Appeal from Hunt. Tried below before the Hon. Green J. Clark. Suit by Kauffman & Runge against J. G. Robey, on a note for $1,500, and to foreclose the vendor’s lien on certain lands for which the same had been executed. The note xvas originally made payable to A. D. Eobey or bearer, and came into possession of appellants in due course of trade before maturity.
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Appeal from Hunt. Tried below before the Hon. Green J. Clark. Suit by Kauffman & Runge against J. G. Robey, on a note for $1,500, and to foreclose the vendor’s lien on certain lands for which the same had been executed. The note xvas originally made payable to A. D. Eobey or bearer, and came into possession of appellants in due course of trade before maturity. When appellants brought suit to collect the note, A. D. Robey, the original payee of the note, intervened and claimed it, alleging that it had been procured by appellants through fraud, and that if they ever had any right to the…
1Opinion of the Court
Willie, Chief Justice.
Among other charges given to the jury by the court below was one to this effect: If Cook was not in fact in possession of the note in controversy and was not the holder of it, but Wallace & Thurman were in possession of it, and that they delivered or caused it to be delivered to plaintiffs for a debt which Cook & Co. owed to plaintiffs, then the plaintiffs acquired no interest in the note for the $900 debt which Cook & Co. owed plaintiffs, unless Cook had authority from Eobey to make such transfer; and if he had no such authority, the jury should find for the intervenor…
2Cases cited9 opinions
- Fulton Bank v. New-York & Sharon Canal Co.New York Court of Chancery · 1833
- McCormick v. Wheeler, Mellick & Co.Illinois Supreme Court · 1864
- Winchester v. Baltimore & Susquehanna R. R.Court of Appeals of Maryland · 1853
- Mechanics Traders' Nat. B'k v. . CrowNew York Court of Appeals · 1875
- Boggs v. VarnerSupreme Court of Pennsylvania · 1843
4 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Stanley v. SchwalbySupreme Court of the United States · 1896
- Teagarden v. R. B. Godley Lumber Co.Texas Supreme Court · 1913
- Missouri, Kansas & Texas Railway Co. v. BelcherTexas Supreme Court · 1895
- The Texas Loan Agency v. TaylorTexas Supreme Court · 1895
- First Texas Joint Stock Land Bank of Houston v. ChapmanCourt of Appeals of Texas · 1932
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