Case Citator › Texas v. White

Texas v. White

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Supreme Court of the United States
Citation
74 U.S. 700
Decided
Confirmed treatments
1
Flagged citations read
19 of 19
Citing cases (total)
19
Treatment dates
1885
Overruled in part
A reviewed court has overruled part of this case’s holding. Texas v. White was overruled in part: all 19 flagged citations have been read, with the 1 confirmed treatment listed below. Morgan v. United States held that Texas legislation could not restrict the negotiability of bonds payable to bearer as Texas v. White had held, and confined its separate rule about when redeemable bonds become overdue.
More on how this was screened

The opinions citing Texas v. White's statehood and Union holdings applied them or reported Morgan's treatment without independently changing them.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

19 later cases cite Texas v. White; 19 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Texas v. White?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in Part

  • The Supreme Court overruled Texas v. White's rule allowing Texas to restrict the negotiability of its bearer bonds by legislation, and confined its rule about when redeemable government bonds become overdue.

    Morgan v. United States · Supreme Court of the United States · filed

    It is apparent that the original decision of the court in referrence to the Texas indemnity bonds in Texas v. White, 7 Wall. 700, has been questioned and limited in important particulars in the subsequent cases involving the same questions. The position there taken that the legislature of Texas, while the State was owner of the bonds, could limit their negotiability by" an act of legislation, of which all subsequent purchasers were charged with notice, although the bonds on their face were payable to bearer, must be regarded as overruled. And the further position that negotiable government securities, redeemable at the pleasure of the government after a specified day, but in which no date is fixed for final payment, cease to be negotiable as overdue after the day named when they first become redeemable, must be regarded as limited to cases where the title of the purchaser is acquired with notice of the defect of title, or under circumstances which discredit the instrument, such as would affect the title to negotiable paper payable on demand, when purchased after an unreasonable length of time from the date of issue.
    Read the full opinion on CourtListener →

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