Rider v. Duval
Texas Supreme Court
Appeal from Parker. The case was tried before Hon. John J. G-ood, one of the district judges. On the 28th of August, 1866, the appellant filed his petition, beginning it as follows: “O. B. Eider, administrator of the estate of John L. Eider, deceased, and a resident of the county of Parker,” &c., and proceeding to set forth that he was the holder of a promissory note for $200, payable to O. W. Dixon or bearer, and made and delivered by the defendant on the 12th of March,…
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Appeal from Parker. The case was tried before Hon. John J. G-ood, one of the district judges. On the 28th of August, 1866, the appellant filed his petition, beginning it as follows: “O. B. Eider, administrator of the estate of John L. Eider, deceased, and a resident of the county of Parker,” &c., and proceeding to set forth that he was the holder of a promissory note for $200, payable to O. W. Dixon or bearer, and made and delivered by the defendant on the 12th of March, 1861. The defendant filed a general denial and special answers in bar. The case came to trial at the fall term, 1866, when…
1Opinion of the CourtMoore, C. J.
—It has been repeatedly decided by this court that the holder of a promissory note, payable to bearer, unless there be evidence to impeach his right, has the legal title to the note, and may maintain an action on it in his own name, though the equitable ownership be in another. (Thompson v. Cartwright, 1 Tex., 87; McMillan v. Croff, 2 Id., 397; Greneaux v. Wheeler, 6 Id., 515; Butler v. Robertson, 11 Id., 142; Claiborne v. Yoeman, 15 Id., 44; Smith v. Ross, 19 Id., 172.)
It is equally clear that the language of the petition upon which the District Court held this suit to have brought by the…
2Cases cited4 opinions
- Jackson Ex Dem. Astor v. CraneSupreme Court of the United States · 1831
- Thompson v. CartwrightTexas Supreme Court · 1846
- Harbin v. LeviSupreme Court of Alabama · 1844
- Gayle v. EnnisTexas Supreme Court · 1846
3Cited by4 opinions
- Johnson v. King & DavidsonTexas Supreme Court · 1885
- Breneman v. WestCourt of Appeals of Texas · 1899
- Von Koehring v. WitteCourt of Appeals of Texas · 1897
- Aldana v. TavazonCourt of Appeals of Texas · 1929