Frank v. Kaigler

Citations

• 36 Tex. 305

Syllabus

<p>1. A party who sues in the name of another when he might sue in his own name may amend and proceed in his own name.</p> <p>2. An indorsement of part of a note is ineffectual to transfer the title to the note, or to invest the indorsee with a right of action upon it in his own name.</p> <p>3. On a note for five hundred dollars, the payee indorsed “ pay to L. four “hundred dollars out of this note.” Suit being brought by a subsequent: indorsee in his own name, alleging that he was the legal and equitable owner, hut exhibiting the note and indorsements as part of his petition, the maker and defendant demurred. Held, that the demurrer was properly sustained.</p>