Allen v. Pannell ex rel. Noland

Citations

• 51 Tex. 165

Syllabus

<p>1. Payee may sue on draft.—The payee in a draft may sue thereon in his own name, whether the equitable owner or not.</p> <p>2. Same.—Unless a defense be shown against equitable owners not made parties, a defense that the alleged beneficiary is.not the legal owner, presents no material issue.</p> <p>3. Suit by improper plaintiff.—If suit be improperly brought in the name of the payee of a note or draft, the defendant, by showing cause therefor at the proper time and in the proper manner, may have protection against the suit.</p> <p>4. Insanity—Practice.—A plea that plaintiff had become insane, filed on eve of trial, will not cause delay on the trial to ascertain the truth of the plea, and when not under oath may be disregarded.</p> <p>6. Insanity.—The plea interposed by defendant, that plaintiff is insane, is in the nature of a plea in abatement, and should be verified by affidavit.</p>