Thompson v. Gainesville National Bank

Citations

• 66 Tex. 156
• 18 S.W. 350
• 1886 Tex. LEXIS 472

Syllabus

<p>1. Garnishment—Overdue note—Assignment—It is well settled that the maker of an overdue note can be garnished for a debt due the owner. The note could not be assigned free from such defences as the maker could set up against the assignor ; the garnishment proceedings would be a good defence, and the maker would bo fully protected when compelled to pay the amount of the note to the plaintiff in garnishment.</p> <p>2. Same—Date of judgment—The weight of authority is that if the note is due and owned by the payee at the time judgment in garnishment is rendered, the maker is liable to such judgment, though at the time he was served the note had not matured. (Drake on Attch., secs. 587, 588 ; Bassett v. Garthwaite, 22 Tex., 230.)</p> <p>3. Same—Burden of proof—The burden of proof is on the plaintiff to show that the payee has not transferred the note before maturity; otherwise the garnishee must be discharged.</p> <p>4. Same—Settlement of note by maker—Liability—If the maker, after being cited in the garnishment proceedings, and while the note is still owned by the payee, and overdue, settles it with the payee, there is no reason why he should be protected against a judgment in the garnishment proceedings.</p>