22 Tex. 53 | Tex. | 1858
Smith brought suit as assignee of a note, not negotiable, which he gave in evidence on the trial, without proving any assignment, or that he had given a consideration for the same. The court charged, that his possession of the note was primé fade evidence of his ownership, and directed a verdict to be found in his favor. Without discussing the question of the propriety of a peremptory direction by the court, to
Reversed and remanded.