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27 Tex. 272

Vance v. Geib

Texas Supreme Court

Decided July 1, 1863

Texas Supreme Court · decided 1863-07-01

Tried below before the Hon. Thomas J, Devine. The appellee, Jesse Geib, sued out a writ of attachment against Myers and Johnson, and garnisheed the appellants, William and James Vance. The petition was based on three notes executed by Myers and Johnson, and payable to the order of Jesse Geib; the first, for $108, due Oct. 26, 1859; the second, for $174 42, due Éov. 5, 1859; and the third, for $180 30, due Uov. 22, 1859.

Decided 1863-07-01

Bell, J.

¶1We are of opinion, that there is no error in the *276judgment of the court helow. The testimony of the book-keeper of the appellant, we think, fully warranted the judge, to whom the cause was submitted without a jury, in finding that the note payable to Mrs. Brackett, had been placed by her in the hands of Yance & Bro. only for collection for her benefit. She was not credited with the note until the money in controversy was paid, and she was then credited with the amount of the note, and the interest due on it to the day of the payment of the money by Myers and Johnson, although it had been indorsed to Yance & Bro. at least one month previously.

¶2The judgment of the court below is affirmed.

¶3Judgment affirmed.

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