Horton v. Manning

Citations

• 37 Tex. 23

Syllabus

<p>1. At the request of the makers of a promissory note, one M. advanced the money and took up the note to prevent suit thereon, it being agreed between M. and the makers, that M. should hold the note until paid. Held, that on paying the note to the holder, M. became the legal and equitable owner of it, and was fully authorized to sue the makers and the indorser in his own name.</p> <p>2. When a person other than the payee of a note indorsed it by simply writing his name across the back of the note at the time it was made, he thereby became a guarantor of the payment of the note; and the fact that the holder of the note wrote a guaranty above the blank indorsement, after the death of such indorser or guarantor, could in no way change the liability of the latter’s estate.</p>