69 Tex. 604 | Tex. | 1888
The court instructed the jury to find for the defendant, and this instruction is assigned as error. A draft for one thousand one hundred and fifty dollars on Vogel & Ross, of Galveston, in favor of Heard, Allen & Barnes, bankers of Cleburne, was endorsed to Ball, Hutchings & Co., bankers of Galveston, for collection as follows:
“Pay Ball, Hutchings & Co., or order, for account of bank of Cleburne.
(Signed) Heard, Allen & Barnes.”
Ball, Hutchings & Co. stamped in printed letters on the draft, “Paid: Ball, Hutchings & Co.”
In this condition the draft was presented to Messrs. Vogel & Ross, and paid by them. The draft, and bill of lading attached for thirty-two bales of cotton, were afterwards discovered to be forgeries, and the drawees sued Ball, Hutchings & Co. as indorsers, and claiming the right to recover of them the amount paid because it was paid by mistake and in ignorance of the fact of forgery.
It is apparent from the indorsements on the draft that Ball, Hutchings & Co. were mere agents for its collection. The legal effect of the indorsements stamped upon it by them was a cancelation of the obligation and a receipt for the money. It was a mere acknowledgment that the draft had been paid to them. They were not endorsers of the paper and could not be held liable as such, and hence it could not be said that the money was
We do pot intend to intimate that Heard, Allen & Barnes could be made to refund the amount collected for them on the draft. It is not necessary to a decision of this case that we decide the point and we withhold any opinion upon the subject. Ball, Hutchings & Co. were not liable as indorsers and were not required to make further defense after it appeared from the indorsements on the draft that they were acting as agents. We therefore conclude that there was no error m the instruction of the court to the jury to find for defendants.
The judgment should be affirmed.
Affivrned.
Opinion adopted January 31, 1888.