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: 695
The following text was automatically extracted from the image on this page using optical character recognition software:
title to the note, could maintain a suit i his own name thereon,
and upon recovery could retain as his own the amount of the
credit, and hold the balance in trust as the property of the original
2d. That the maker could offset any valid claim held against the
original payee to extent of the balance over and above the credit
3d. Even if the credit indorsed was a fictitious and not a real transaction,
the assignee could still sue on the note, for the benefit
of the payee or for his own benefit, and in such case the maker
can offset any valid claim against the original payee to the full
amount of the note. If the offset established is for a less
amount than the note and interest, then the assignee is entitled
to judgment for the overplus. Eason v. Locherer, 173.
3. In such a case the jury propounded the following question to the
Court: " To the Judge:-If your Honor please, the jury would like to
-" know, in case they find that the note is not A's (the plaintiff and as.
"' signee), can they find for B (the original payee).---ury." Held, That
it was error not to instruct to the effect that if B had the right to recover
anything had he been the plaintiff, A, his assignee, was entitled to recover
for him whatever he might have recovered for himself, and that
without reference to whether the assignment of the note was based on
a valuable consideration or not. Id.
A written receipt for money or property may be explained'or contradicted
by parol evidence. Swann v. Muscher, 342.
1. The appointment of a receiver continues during the pendency of
the suit, and until the case is tried and decided, unless the term of his
office is limited by the order making the appointment. Weems v. Lathrop,
2. An order appointing a receiver, which recites, " to take possession
" of said trust negroes, now remaining on said plantation, and hire out
"the same from year to year, until the termination of this suit," authorizes
the receiver to receive payment of notes taken by and payable
to himself, for thf hire of the trust property remaining in his hands at
maturity; and whether he has such authority or not, but actually collects,
and fails to account, the sureties are liable on their bond for the
amount so collected. Id.
3. Qucere. Is a receiver chargeable with interest on money reported
by him to the court as having been collected, and still remaining on
Here’s what’s next.
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
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/m1/703/: accessed September 20, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .