Robertson v. Phillips & Warrick
Robertson v. Phillips & Warrick
Opinion of the Court
Opinion by
§ 47 7. Petition; insufficiency of, on draft. The draft sued upon was not attached to or made a part of the petition by way of exhibit, nor did the petition allege that. McCreery & Robertson, being indebted to plaintiffs, accepted said draft; nor is it anywhere alleged that they accepted the draft for a valuable consideration, or for value received. If the draft had gone into the hands of a third party, then, perhaps, an allegation that it ivas accepted for a valuable consideration would have been unnecessary, though in such cases it seems the allegation is usually made. [Jones v. Holliday, 11 Tex. 412; Henderson v. Glass, 16 Tex. 559; Sayles & Bassett’s Plead. & Prac. § 6; id. Forms Nos. 63, 64 and 65.] And so, where the instrument is copied into the petition, and is a promise to pay money for value received, an action can be sustained without alleging the particular consideration of the promise. [Williams v. Edwards, 14 Tex. 41.] In the case before us, the drawers of the draft are also the payees and holders, it having never gone into the hands of a third party; they are also the plaintiffs who sue upon it.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.