
    H. Koeningheim v. Randolph & Van Alstine.
    (No. 874, Op. Book No. 2, p. 292.)
    Appeal from Webb County.
    January 19, 1881.
   Opinion by

White, P. J.

.(.§ 764:. Assignee of non-negotiable instrument may sue in Ms own name. . Our statutes provide that non-negotiable instruments may be assigned, and that the assignee may sue upon them in his own name. [R. S. 266, 267.] .Appellant was assignee of the instrument sued upon, and could maintain a suit upon it in his own name. The court erred in sustaining appellee’s demurrer to the appellant’s petition.

Beversed and remanded.  