Chandler v. Westfall

Citations

• 30 Tex. 475

Syllabus

<p>Where a party writes his name upon a negotiable paper in blank, he is held responsible as guarantor, and he gives to the holder an implied power to write over his name the most absolute terms of guaranty.</p> <p>Where the holder treats him as indorser, and fixes the date of his indorsement in his petition, he is held to his pleading.</p> <p>To hold an indorser, who is stated to have indorsed on the 1st of January, 1863, suit must have been brought to the first, or, at most, to the second term of the district court thereafter, and cause must have been shown for not bringing it to the first term. (Paschal’s Dig., Art. 220, Notes 283, 290.)</p> <p>And the same rule applies, whether the note was indorsed before or after maturity.</p> <p>The 6tli section of the 11th ordinance of the convention of 1866 (Paschal’s Dig., Art. 4631a) does not control article 220 of Paschal’s Digest, as to fixing the liabilities of indorsers of negotiable security.</p>