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30 Tex. 76

Colbertson v. Beeson

Texas Supreme Court

Decided April 15, 1867

Texas Supreme Court · decided 1867-04-15

. The case was tried before Hon. Reuben A. Reeves, one of the district judges. The suit was brought on a note payable to the * * “ or bearer.” The plaintiff was not one of the payees, nor did the petition aver delivery to him, or that he was holder or bearer. The judgment-was by default. The defendant prosecuted error, and assigned several causes, but not the one on which the case turned. The defendant in error suggested delay, and thus opened up the errors of record.

Good law ✅— No negative treatment on recordhow we know

Decided 1867-04-15

How this case has been cited

Cited by 8 later decisions — most recently December 1931

8 state decisions

4018671870188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Moore, J.

¶1This is a suit on a promissory note, payable to William M. Taylor and others, executors of William F. Wall, deceased, or bearer. The execution and delivery of the note to the payees'is distinctly averred in the petition; but it is not alleged that the plaintiff, Beeson, is either the bearer or owner of it, or in any way connected with or entitled to enforce the liability created in favor of the payees by the execution and delivery of the note to them. It is unquestionably an elementary principle, that the liability of the defendant to the plaintiff!, on the cause of action for which the suit is brought, must be distinctly averred. It is not sufficient to show a right of action in favor of other parties, which, as matter of inference, it may be supposed the plaintiff is entitled to assert. (Moss v. Jennings, 4 Tex., 452; Malone v. Craig, 22 Tex., *77609; Gray v. Osborne, 24 Tex., 157; Thigpin v. Mundine, 24 Tex., 282.)

¶2The judgment is reversed, and the cause

¶3Remanded.

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