Kinsey v. Bellas

Court of Appeals of Texas

Kinsey v. Bellas

1 White & W. 40

CourtCourt of Appeals of Texas

DecidedJuly 1, 1881

DocketNo. 1061, Op. Book No. 3, p. 452

StatusPublished

This text of 1 White & W. 40 (Kinsey v. Bellas) 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

Kinsey v. Bellas, 1 White & W. 40 (Tex. Ct. App. 1881).

Pincite

Opinion

Opinion by

White, P. J.

§ 96. Averment of ownership of note sued on. Where a petition alleged all the facts which constituted the plaintiff the legal owner of the note sued upon, as the making of the note by the defendant foi a valuable consideration, whereby he promised to pay the money to plaintiff, and the delivery of the note to the plaintiff without alleging in terms that the plaintiff was “the legal owner and holder of the note,” it was held to be sufficient. [Rutherford v. Smith, 28 Tex. 323.]

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion by

White, P. J.

§ 96. Averment of ownership of note sued on. Where a petition alleged all the facts which constituted the plaintiff the legal owner of the note sued upon, as the making of the note by the defendant foi a valuable consideration, whereby he promised to pay the money to plaintiff, and the delivery of the note to the plaintiff without alleging in terms that the plaintiff was “the legal owner and holder of the note,” it was held to be sufficient. [Rutherford v. Smith, 28 Tex. 323.]

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

1 White & W. 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kinsey-v-bellas-texapp-1881.