Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 176
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176 EASON v. LOCHERER. [Term of
Opinion of the Court.
" Gentlemen of the Jury: In response to your inquiry
" whether, in ease you find the note is not Eason's, you can
"find for Ragtland, you are instructed that James N. Ragoland,
" the indorser of the note, is not a party to this suit, so that
"the question for you to determine is, whether the plaintiff,
"Eason, is entitled to recover. If he is not entitled to recover
" on the note, then the finding of the jury should be in favor
of the defendant."
There was a verdict and judgment for the defendant, from
which the plaintiff appealed.
Glass & Callender, for appellants, cited Thompson v. Cartwright,
1 Texas, 87; Barnett v. Logne, 29 Texas, 282.
PA/ilips, lackey & Stayton, for appellee.
ROBERTS, C. J. This is an action by Eason against Locherer,
on a note assigned to Eason by Ragland before its
maturity, to pay Eason a board bill, in amount less than the
note, which Eason, being a relative of Ragland, did not demand
payment of, but which Ragland insisted on paying, and which
board bill was receipted upon the delivery of the note. It is
shown that Ragland placed this note, with other claims, in the
hands of Eason, in anticipation of debts coming against him,
that he did not wish to pay, of which Eason was informed at
the time. There is no evidence that Eason knew of any offset
against the note, nor that Ragland made the assignment of the
note to Eason before it was due, to avoid or prevent any offset
or defense to it. If this was an earnest and real transaction
between Ragland and Eason, as to the payment for the board,
the assignment vested in Eason thp legal title to the note, and
the right to sue in his own name, and upon recovery to retain
the amount of his board bill as agreed on, as his own property,
and to hold and retain the balance recovered as the property
in trust for Ragland. And in such event, Locherer could offset
any valid claim which he had against Ragland, to the
extent of such balance over and above the said board bill.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/184/: accessed November 20, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .