Gregg v. Johnson

Texas Supreme Court

Gregg v. Johnson

37 Tex. 558

CourtTexas Supreme Court

DecidedJuly 1, 1873

StatusPublished

Cited by8 cases

This text of 37 Tex. 558 (Gregg v. Johnson) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gregg v. Johnson, 37 Tex. 558 (Tex. 1873).

Pincite

Opinion

Walker, J.

This was an action on a promissory note made payable to J. G. Hartley. It is not what in law is termed a negotiable instrument. J. G. Hartley indorsed it in blank.

Where other than the payee of such a note sues upon it, a general denial by the defendant will put in issue the ownership of the note for a valuable consideration. A mere transfer by delivery will not enable the holder to recover, without averment and proof of such bona fide ownership. (See Merrill v. Smith, 22 Texas, 53.) The judgment in this case will he reversed and the cause remanded.

Reversed and remanded.

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Walker, J.

This was an action on a promissory note made payable to J. G. Hartley. It is not what in law is termed a negotiable instrument. J. G. Hartley indorsed it in blank.

Where other than the payee of such a note sues upon it, a general denial by the defendant will put in issue the ownership of the note for a valuable consideration. A mere transfer by delivery will not enable the holder to recover, without averment and proof of such bona fide ownership. (See Merrill v. Smith, 22 Texas, 53.) The judgment in this case will he reversed and the cause remanded.

Reversed and remanded.

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Bluebook (online)

37 Tex. 558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gregg-v-johnson-tex-1873.

Opinion

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