Freidman v. Wagner

Court of Appeals of Texas

Freidman v. Wagner

1 White & W. 402

CourtCourt of Appeals of Texas

DecidedMarch 19, 1879

DocketNo. 551, Tex. L. J., vol. 3, p. 571

StatusPublished

This text of 1 White & W. 402 (Freidman v. Wagner) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Freidman v. Wagner, 1 White & W. 402 (Tex. Ct. App. 1879).

Pincite

Opinion

Opinion by

Winkler, J.

§ 734. Indorsement upon a note of the words, “this note is not transferable,” destroys its negotiability. We are of opinion that the indorsement on the back of the instrument that “this note is not transferable,” made at the time and under the circumstances disclosed by the [403]*403evidence, destroyed its negotiability, and that it was subject to the provisions of art. 222, Pas. Dig., and in the hands of appellee subject to every discount and defense against it to which it would have been subject in the hands of the original payee, before notice of the assignment.

March 19, 1879.

Reversed and remanded.

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Opinion by

Winkler, J.

§ 734. Indorsement upon a note of the words, “this note is not transferable,” destroys its negotiability. We are of opinion that the indorsement on the back of the instrument that “this note is not transferable,” made at the time and under the circumstances disclosed by the [403]*403evidence, destroyed its negotiability, and that it was subject to the provisions of art. 222, Pas. Dig., and in the hands of appellee subject to every discount and defense against it to which it would have been subject in the hands of the original payee, before notice of the assignment.

March 19, 1879.

Reversed and remanded.

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Bluebook (online)

1 White & W. 402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freidman-v-wagner-texapp-1879.