Rush & Bros. v. Haggard

Citations

• 68 Tex. 674
• 1887 Tex. LEXIS 751

Syllabus

<p>Contract—Evidence.—The following written instrument. “Good for (here a sum of money was inserted) in merchandise at Rush Bros., Springdale, Texas,” evidences no contract, and has none of the elements of negotiable paper. Its possession raises no presumption that the possessor is - entitled to collect the sum named therein, but parol evidence is admissible in a suit on such an instrument to show that such a paper was delivered to an employe of Rush & Bros, as evidence that the former were entitled to receive from the latter the sum named therein for services rendered, and, when accompanied with evidence based on proper allegations that the employe who received it, transferred the same to the plaintiff, and that Rush & Bros, had failed to pay, the plaintiff would be entitled to recover thereon. When the evidence shows that the paper was issued as above indicated, no recovery can be had on it by a third party, in the absence of evidence tending to show that it had been in legal contemplation assigned to the plaintiff.</p>