Haymond v. Friberg, Klein & Co.

Texas Commission of Appeals

Haymond v. Friberg, Klein & Co.

1 White & W. 587

CourtTexas Commission of Appeals

DecidedApril 27, 1881

DocketNo. 1324, Op. Book No. 2, p. 283

StatusPublished

This text of 1 White & W. 587 (Haymond v. Friberg, Klein & Co.) is published on Counsel Stack Legal Research, covering Texas Commission of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Haymond v. Friberg, Klein & Co., 1 White & W. 587 (Tex. Super. Ct. 1881).

Pincite

Opinion

Opinion by

Quinan, J.

§ 1047. Indorser; before delivery; liability. One who indorses a note before its delivery to the payee thereof, himself not being the payee, is liable thereon as an original promisor or surety, and not as an indorser merely. [Carr v. Rowland, 14 Tex. 275; Cook v. Southwick, 9 Tex. 615.] Such party is not released from liability by failure of the holder of the note to institute suit within the time required by the statute in the case of indorsers, etc.

§ 1048. Receipt; parol evidence admissible to explain, etc. Receipts are informal and non-despositive writings, aud may be modified, explained or impugned by parol. [Whart. on Ev. 1064.]

Affirmed.

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