14 Tex. 275 | Tex. | 1855
The indorsement of the note by the appellant’s testator, was not in the character of an ordinary indorser or assignor. It was in that of a guarantor or surety. He was not a payee, transferring the note by his indorsement. He put bis name upon the back of the note, which was payable to others, who transferred it to the plaintiff. He, therefore, is not to be considered in the light of a common indorser, and was entitled to none of the privileges of that character. (Moies v. Bird, 11 Mass. R. 436, 440.)
The objection to the admissibility of the note in evidence, is answered by the fact, that it conformed strictly to the description of it in the petition. And the objection to the insufficiency of the evidence, to show an equitable ownership, and right to sue in the plaintiff, is obviated by the admissions of the answer of the defendant; in which it is averred that the note was obtained by the plaintiff’s testator in payment of a debt. The latter, it thus appears, gave a valuable consideration, whereby she became the equitable owner, and entitled to maintain the action, upon the principle of repeated decisions of this Court, in which it has been held, that the person in whom is either the legal or equitable title, may maintain the action in his own name.
Judgment affirmed.