Thompson v. Payne
Texas Supreme Court
Error from San Augustine. Tried below before Hon. A. O. W. Hicks. Thompson, the appellant in error, and one White appear to have had some connection with each other in carrying on a mail contract. At the instance of Thompson, J. M. Ardrey consented to cash a draft on the Post Office Department, which he said he and White could draw for mail service.
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Error from San Augustine. Tried below before Hon. A. O. W. Hicks. Thompson, the appellant in error, and one White appear to have had some connection with each other in carrying on a mail contract. At the instance of Thompson, J. M. Ardrey consented to cash a draft on the Post Office Department, which he said he and White could draw for mail service. Shortly afterwards White obtained the money from Ardrey, and gave a draft on the Department to which he signed his own name and that of Thompson. At the same time he executed an obligation signed in the same manner, payable to Ardrey in the event…
1Opinion of the Court
Hemphill, Oh. J.
The plaintiff in error, by the elaborate brief of his counsel, contends in the first place in substance and effect that there was error in the misjoinder of Lemuel W. Gilliam, the assignor, with the makers of the instrument as defendants in the suit. The assignor has not joined in the writ of error and does not complain of the injury arising from this supposed misjoinder, and it would seem that if he acquiesces, if he suffer judgment to be entered against him the maker, who was liable at all events, can have no just cause of complaint. But admitting that the instrument Sued…
2Cases cited2 opinions
- Smallwood v. WoodsCourt of Appeals of Kentucky · 1809
- McMurray v. WoodCourt of Appeals of Kentucky · 1839
3Cited by6 opinions
- Kampmann v. WilliamsTexas Supreme Court · 1888
- Cushing v. P. R. Smith & Co.Texas Supreme Court · 1875
- Hawkins v. CramerTexas Supreme Court · 1885
- McKenzie v. HarrisTexas Commission of Appeals · 1880
- Beazley v. DensonTexas Supreme Court · 1874
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