Moore v. Raymond
Texas Supreme Court
Appeal from Travis. Glasscock sold part of a lot to Moore, who gave his note for five hundred dollars as part payment. Glasscock indorsed this note to Raymond in blank. Before any part of it was paid, Moore reconveyed the lot to Glass-cock and Blakey in April, 1854. Shortly after this Glasscock paid three- hundred dollars on the note.
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Appeal from Travis. Glasscock sold part of a lot to Moore, who gave his note for five hundred dollars as part payment. Glasscock indorsed this note to Raymond in blank. Before any part of it was paid, Moore reconveyed the lot to Glass-cock and Blakey in April, 1854. Shortly after this Glasscock paid three- hundred dollars on the note. Baymand brought suit for the balance, praying the foreclosure of the vendor’s lien in his behalf and for judgment against Glasscock and Moore for his debt. At the Spring Term, 1855, the cause was heard, and the Court decreed a foreclosure of the lien against the…
1Opinion of the CourtWheeler, J.
The principal and only question of any difficulty or importance is, whether the assignment of the note carried with it the vendor’s lien for the purchase money ; and we are of opinion that it did. The subject was sufficiently examined and considered in a case lately decided at Tyler ; and the argument need not be here repeated.
The filling up of the blank indorsement with the words used, . did not change the liability created bylaw upon the indorser ; nor does it appear that it was not in exact conformity to the agreement under which the indorsement was made.
As respects the evidence of notice,…
2Cited by11 opinions
- Cordova v. HoodSupreme Court of the United States · 1873
- Cannon v. McDanielTexas Supreme Court · 1876
- Flanagan v. CushmanTexas Supreme Court · 1877
- Stephenson v. MarsalisCourt of Appeals of Texas · 1895
- Davis v. HuffCourt of Appeals of Texas · 1926
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