Whithed v. McAdams

• Decision Date: 01 January 1857
• Parties: JOHN K. WHITHED v. JOHN MCADAMS.
• Court: Texas Supreme Court

18 Tex. 551

JOHN K. WHITHED

v.JOHN MCADAMS.

Supreme Court of Texas.

1857.

The holder of negotiable paper, indorsed in blank or payable to bearer, is presumed to be the owner for consideration. If circumstances cast suspicion on his title, as if it come to him from or through one who had stolen it, then he must prove that he gave value for it.

It is not necessary, in order to put the plaintiff upon proof of his title or to require him to account for his possession (of a promissory note payable to A or bearer) that there should be proof positive of facts sufficient to negative and disprove his title. It was sufficient if the evidence cast a doubt and suspicion upon it.

See this case for testimony which was held to be sufficient to require the plaintiff to account for his possession of the note sued on, which was payable to bearer.

Error from Walker. Tried below before the Hon. Peter W. Gray.

Suit by plaintiff in error against defendant in error, commenced in a justice's court, September 7th, 1855, on a promissory note, for $124, dated September 10th, 1851, due one day after date, payable to Martha McAdams or bearer, and signed by the defendant; thirty-five dollars credited on the back, November 12, 1852. Answer by defendant, filed in justice's court, that he owed the note, but that it was in the possession of and belonging to the payee, Martha McAdams, at the time of her death, on the ____ day of ____, 1853; that there was no administration on her estate; that defendant is one of her sons; and that the plaintiff, or some other person, surreptitiously abstracted the said note from among the papers of said Martha, after her decease. Judgment in justice's court for plaintiff. Certiorari by defendant. Jury waived and cause submitted to the judge upon the following evidence:

The plaintiff introduced the note in evidence; and the defendant introduced the deposition of William S. Ragsdale, as follows: I know the parties; knew Martha McAdams; she was the defendant's mother; think she died about three years ago last May (date of deposition not given; date of trial, October 1856.--REPS.). I examined the papers in her possession at the time of her decease, in the presence of some of her daughters, but do not recollect which besides Martha Ragsdale, a day or two after death. Among her papers I saw a note drawn by John McAdams, payable to her or bearer; the amount of the note I do not exactly recollect; I think it was a hundred and forty or fifty dollars; there was a credit on the note, but I do not recollect the amount. I do not know individually how Mr. Whithed came into possession of the note. There has been no administration on...