Gayle v. Ennis
Texas Supreme Court
Appeal from Jackson County. Tlie-facts of the case are stated in the opinion of the court, delivered by Mr. Justice Wheeler. The plaintiffs showed no title in themselves to the notes sued on. The suit was brought in their individual names without reference to their fiduciary character as administrators of G. W. Reynolds; and by their own showing the notes were the property of the estate of G. W1 Reynolds. 1 Mart.
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Appeal from Jackson County. Tlie-facts of the case are stated in the opinion of the court, delivered by Mr. Justice Wheeler. The plaintiffs showed no title in themselves to the notes sued on. The suit was brought in their individual names without reference to their fiduciary character as administrators of G. W. Reynolds; and by their own showing the notes were the property of the estate of G. W1 Reynolds. 1 Mart. (R. S.) 301, 3T3; 2 Stark. 317. The petition was filed in the name of the appellees, alleging an indebtedness to them personally. Process was sued out in thew names as administrators…
1Opinion of the CourtWheeleR, J.
This was an action brought by the plaintiffs and appellees (Ennis and Reynolds)' against the appellants, on two promissory notes; one of which was payable to the order of 0. Ennis, administrator of A. J. Regnolds, and indorsed by him to the plaintiffs; *(130)the other, to Ennis and Eeynolds, administrators of G. W. Reynolds.
The plaintiffs sued in their own names, and not as administrators. In their petition they do not profess to give notes in hcec verba, but set them out according to their legal effect and operation, and copies of them were filed with the petition as a part of it.
The…
2Cases cited2 opinions
- Smith v. WhitingMassachusetts Supreme Judicial Court · 1812
- McKinney v. PetersTexas Supreme Court · 1843
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- Goodyear v. Providence Rubber Co.U.S. Circuit Court for the District of Rhode Island · 1864
- Friedman-Shelby Shoe Co. v. DavidsonCourt of Appeals of Texas · 1916
- Rider v. DuvalTexas Supreme Court · 1866
- Sass & Cohen v. HirschfeldCourt of Appeals of Texas · 1900
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