Jones v. Primm
Texas Supreme Court
Appeal from Austin. This suit was brought by tlie appellee upon a joint and several promissory note made by the appellant and two others and payable to the appellee.
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Appeal from Austin. This suit was brought by tlie appellee upon a joint and several promissory note made by the appellant and two others and payable to the appellee. The defense set up was that tlie defendant did not sign the note sued on or authorize any person to sign it for him, but that ills signature was appended to a blank paper, and that'he did not authorize any person to fill it up for tlie purpose for which it had been used; that it was without consideration passing to this defendant; that he was but surely upon (lie note, and that it was obtained by fraud, &c. The defendant…
1Opinion of the CourtWheeler, J.
The record presents but a single question which requires notice; and that is whether under the circumstances the note sued on was obligatory upon the defendant. And there can be no doubt that it was. The defendant intrusted his comakers of the note with his signature; and they having obtained credit upon the strength of it lie cannot shelter himself from responsibility up op the note in the hands of an innocent third party by alleging that the signature was not used for the purpose lie intended, or that lie did not especially authorize such third party to fill up the blank over his signature.…
2Cited by6 opinions
- Connor v. Uvalde Nat. BankCourt of Appeals of Texas · 1913
- Natl. Union Fire Ins. Co. v. PeckCourt of Appeals of Texas · 1927
- Erwin v. Curtis Et Üx.Court of Appeals of Texas · 1928
- American Express Co. v. City Nat. Bank of GalvestonCourt of Appeals of Texas · 1928
- Connor v. Uvalde Nat. BankCourt of Appeals of Texas · 1913
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