Legal Opinion

Allen v. Pannell ex rel. Noland

Texas Supreme Court

Decided July 1, 1879PublishedCited by 8 opinions

Appeal from Galveston. Tried below before the Hon. William H. Stewart. This suit was brought in the court below, Rovember 4, 1875, on the acceptance of a draft, as follows: “$2,323.92, specie. Houston, June 1, 1873. “ Two years from this date, please pay to the order of H. G. Pannell, guardian for the Roland children, twenty-three hundred and twenty-three t9q3t dollars, in specie, being for amount due on cattle purchase. F. R. Lubbock. “To Messrs.

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Appeal from Galveston. Tried below before the Hon. William H. Stewart. This suit was brought in the court below, Rovember 4, 1875, on the acceptance of a draft, as follows: “$2,323.92, specie. Houston, June 1, 1873. “ Two years from this date, please pay to the order of H. G. Pannell, guardian for the Roland children, twenty-three hundred and twenty-three t9q3t dollars, in specie, being for amount due on cattle purchase. F. R. Lubbock. “To Messrs. Allen, Poole & Co., Galveston, Texas.” Suit was brought by the payee, Pannell, for the use and benefit of Frank Boland, and the acceptance was…

1Opinion of the Court

Gould, Associate Justice.

Pannell, as the payee and legal holder of the draft sued on, was authorized to maintain an action thereon in his own name, whoever may have been the equitable owner. Unless there was some defense as against the other alleged equitable owners or beneficiaries of the draft, the answer denying Frank Noland’s ownership presented an immaterial issue. (Lipscomb v. Ward, 2 Tex., 277; McMillan v. Croft, 2 Tex., 399, and other cases cited in the brief of appellees.)

Notwithstanding the suit was brought by or in the name of Pannell for the use of Frank Noland, there is no…

2Cases cited4 opinions

  1. McMillan v. CroftTexas Supreme Court · 1847
  2. Campbell v. GalbreathSupreme Court of Pennsylvania · 1836
  3. Moseley v. BoushCourt of Appeals of Virginia · 1826
  4. Zacharie v. BryanTexas Supreme Court · 1847

3Cited by8 opinions

  1. Pressley's Heirs v. RobinsonTexas Supreme Court · 1882
  2. Gilliam v. NullTexas Supreme Court · 1883
  3. Crocker, Administrator v. CrockerCourt of Appeals of Texas · 1898
  4. Clift v. Kaufman & RungeTexas Supreme Court · 1883
  5. Ormsby v. RatcliffCourt of Appeals of Texas · 1929

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