Heidenheimer Bros. v. Blumenkron

Citations

• 56 Tex. 308
• 1882 Tex. LEXIS 33

Syllabus

<p>1. Promissory note —Indorser—Parol evidence.— A promissory note was executed and indorsed as follows:</p> <p>“$1,418.24. Galveston, June 1, 1873.</p> <p>“ Six months after date I promise to pay to the order of myself fourteen hundred and eighteen 24-100 dollars, value received, payable at --.</p> <p>(Signed) “ J. Blumenkron.</p> <p>“ Indorsed:</p> <p>“ J. Blumenkron,</p> <p>“Herman Hirsch,</p> <p>“S. Heidenheimer. ”</p> <p>The note was made for a debt from Blumenkron to appellant, a firm of which S. Heidenheimer was a member, and indorsed by the maker, and Hirsch, and S. Heidenheimer to secure an extension. Held,</p> <p>(1) On the face of the note as indorsed and delivered, Blumenkron was maker, and Hirsch and S. Heidenheimer were indorsers.</p> <p>(2) The fact that Hirsch became a party to the note in its inception and for the accommodation of Blumenkron did not make him liable otherwise than as indorser; nor.is parol evidence admissible to show the intention with which he signed.</p> <p>(3) One who by regular indorsement becomes a party to commercial paper for accommodation, though done when the paper is made and before delivery, occupies a different position from strangers to the paper who write their names thereon.</p> <p>(4) Parol evidence is inadmissible to show that the indorser released the owner of the note from obligation to use due diligence to enforce its collection, and a parol contemporaneous waiver of the right to notice cannot, under the statutes of Texas, be shown.</p> <p>2. Exemption of household furniture from forced sale.— The exemption of household and kitchen furniture from forced sale does not include any other than furniture for the family, and will not include beyond this furniture used in hotels and restaurants.</p>