Knight v. Holloman
Texas Supreme Court
Appeal from Port Bend. This suit was brought by the appellee against the appellant upon a promissory note made by the latter and transferred by indorsement to the former. The note contained no words of negotiability. There were in the record two petitions, one purporting to be an amended petition, Both were entitled of the same term, at which term the plaintiff had leave to amend. The record did not show the filing of either petition.
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Appeal from Port Bend. This suit was brought by the appellee against the appellant upon a promissory note made by the latter and transferred by indorsement to the former. The note contained no words of negotiability. There were in the record two petitions, one purporting to be an amended petition, Both were entitled of the same term, at which term the plaintiff had leave to amend. The record did not show the filing of either petition. At a subsequent term the defendant answered by a general denial, and a plea in which lie alleged that the plaintiff had no interest in the note sued on; that…
1Opinion of the CourtWheeler, J.
The grounds relied on for a reversal of the judgment are—
1st. That the indorsee of the note sued on cannot maintain the action in his own name. ■
2d. That the judgment is erroneous, 1st, in sustaining exceptions to the defendant’s special plea, alleging that the real ownership of the note was in a person other than the plaintifi'; 2d, in refusing the instruction asked by the defendant;-and, 3d, in permitting the amended petition to be read anil considered.
The principles maintained in repeated decisions of this court, applied to the present case must, it is conceived, be decisive of the first…
2Cited by13 opinions
- Allison, Bailey & Co. v. Phœnix InsuranceTexas Supreme Court · 1895
- Russell v. People's Nat. Bank of BeltonCourt of Appeals of Texas · 1928
- Turner v. StateTexas Supreme Court · 1874
- Tolbert v. McBrideCourt of Appeals of Texas · 1889
- Maryland Casualty Co. v. W. C. Robertson & Co.Court of Appeals of Texas · 1917
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