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: 177
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1875.] EASON v. LOCIIERER. 177
Opinion of the Court.
But if the Settlement of the matter about the board was not
a real and earnest transaction, still the assignment of the note
vested in Eason the legal title to the note, and the right to sue
in his own name for the recovery of the amount due thlreon,
for the benefit of Ragland, or for his own benefit, if Raglalnd
should choose to let him keep it, or if it was so tainted with
fraud, as a fraudulent conveyance, as that Ragland had lost the
right to reclaim it.
And in such event, LEcherer would have the right to offset
any valid claim which he had against Ragland, to the full
amount of the note sued on, if he established his claim to that
amount, thereby defeating Eason's action, and if LochereF's
claim was established for a less amount than the note and interest
thereon, then Eason would be entitled to recover the
Such are the rules pertaining to the plaintiff's right of action
on the note.
The offsets of Locherer were open accounts, claimed to be
due from Ragland to him. One was an account contracted
with Locherer by Ragland, after the note was given and transferred
to Eason; cue was a debt claimed to be due from Ragland
to Coller, as a balance upon a settlement of the partnership
business of Ragland & Coller in 1862, long before the note
was executed by Coller & Locherer in part payment of the
house and lot deeded by Ragland & Coller to Locherer; and another
was a debt, claimed to be due to Coller from Ragland, for
sums of money paid by Coller to the creditors of the firm of Ragland
& Coller, after the note was given; both of these accounts,
claimed to be due to Coller from Ragland, were
alleged to be assigned by Coller to his step-father, Locherer,
before suit was brought on the note, for the purpose of offsetting
them against the note. They were transferred to Locherer,
as well as the house and lot, which was valued at five
thousand dollars (as s alleged), to secuti Locllerer in a debt
of about two thousand dollars for money advanced and board
furnished to Collel by Locherer. The evidence shows that
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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/m1/185/: accessed December 16, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .