26 Tex. 673 | Tex. | 1863
The exceptions of the defendants below .to the plaintiff’s petition were properly overruled; and their answer was, on the plaintiff’s motion, correctly stricken out. It did not present any matter of defence to the plaintiff’s action in a manner that the court could take cognizance of it. The notes sued upon were payable to the plaintiff below. Although the beneficial interest and equitable title to them was in other parties, the legal title to them was in him. And it cannot be questioned, that a suit might be prosecuted by the parties beneficially interested in them, in his name. If it was not averred in the petition that the-suit was brought for the use of those entitled to the proceeds of them, it is no cause of complaint by the defendants. If facts existed, which, notwithstanding Holt’s possession of and legal title to the notes, deprived him of the right to maintain the suit, they were not stated. The case as presented by the answer is not distinguishable in principle from the i cases heretofore decided by the court, in which it has been held that the party to whom a note is payable,' or who has the legal title and possession of it, may sue in his own name, although the equitable title is in another. (Thompson v. Cartright, 1 Tex., 87; McMillen v. Croft, 2 Id., 397; Knight v. Holloman, 6 Id., 153; Butler v. Robertson, 11 Id., 142.)
The answer was also defective as a plea to impeach the consid
The judgment is affirmed.
Judgment affirmed.