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: 297
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1875.] COOK v. WOOTTERS. 297
Opinion of the Court.
embraced all the material evidence for the plaintiff. The defendant
Wootters stated, that in May, 1867, the father of Mrs.
Long having trouble with " the Bureau," obtained a loan of
money from a merchant (IHaden); that Haden being about to
dispose of the note left with him as a collateral, he agreed, on
Mrs. Long consenting to trade him the note, to pay IHaden his
debt, and advance on the note to the extent of fifty cents on
the dollar, at its full value, and thereby become the owner of
the note as his absolute property; that witness traded for the
note in September, 1867, and stated " when I got it, I did not
" know of any one having a claim to it; did not know plaintiff
"in the transaction."
It was shown by the witness Bruton, the father of Mrs.
Long, that the property was divided, and a settlement made
between his daughter and plaintiff; he further stated, that his
daughter paid one-half of the debts; mentioned, however, only
one debt of seventy-five dollars; that Haden was about to use
or dispose of the note when the defendant Wootters traded
for it; stated, that with the half of the two thousand four hundred
and sixty-five dollars and twenty-five cents, Galveston
draft, he paid Long's debts. The amount of the note in controversy
(deducting amount paid for it), was admitted to be
shown, on defendant's books, as three hundred and five dollars.
In all this evidence there is nothing in plaintiff's statement,
or elsewhere, contradicting the statement of Wootters,
that he traded for the note in good faith, and ignorant of any
claim to it by plaintiff. There is nothing in the evidence
showing, or tending to show, that the plaintiff gave notice to
defendant, or any other person, that he claimed any right, as
surviving partner, or in any other way asserted any interest in
the note, made payable to Josephine Long, or bearer, until the
bringing of this suit over five years after Mrs. Long had denied
his right to receive the whole amount of the Galveston
draft, and had herself received the half of it.
If it be true as argued in the briefs of'appellant, that Mrs. Long
has an interest in, or is entitled to receive the three hundred
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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/m1/305/: accessed September 21, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .