Guest v. H. Rhine & Bros.
Cases that cite this one
11 later published cases cite this decision.
- Grimes v. Tracy-Maysfield Oil & Gas Co. (Tex. App. 1923)
- San Antonio Paper Co. v. Morgan (Tex. App. 1932)
- Love v. Allard (Tex. App. 1926)
- Ramsey v. Wahl (Tex. Comm'n App. 1921)
- Wahl v. Ramsey (Tex. App. 1920)
- Ball-Thrash & Co. v. McCormick (N.C. 1913)
- McAdams v. McAdams (Tex. App. 1895)
- Manhattan Life Ins. v. P. J. Willis & Bro. (5th Cir. 1894)
- Loungeway v. Hale (Tex. 1889)
- G. H. & S. A. R. R. v. Freeman (Tex. 1882)
- Johnson v. Dowling (Tex. Comm'n App. 1881)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Since the decision of the case of Merlin v. Manning, (2 Tex. R.,) it has been the settled doctrine of this Court, maintained by repeated decisions, that the equitable owner of a note may maintain an action upon it in his own name, though the legal title be in another. The plaintiffs averred that they were the owners of the note. The judgment by default must be taken to have established the truth of the averment; and after the default nothing remained but for the Clerk to assess the damages, under the Statute. (Hart. Dig. Art. 812.)
The writ of error was evidently prosecuted for delay, and the judgment is affirmed with damages.
Judgment affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.