Cundiff v. Campbell
Texas Supreme Court
Error from Houston. Tried below before the Hon. Leroy W. Cooper. Campbell sued Cundiff on three promissory notes — one payable to Mm, and the others endorsed, but the consideration of which he well knew. The defense relied on was, that the notes were, by agreement of parties at the time of their execution, payable in Confederate money. Judgment was rendered for plaintiff'. Motion for new trial overruled, and Cundiff brought the case by writ of error to the Supreme Court.
1Opinion of the Court
Gray, Associate Justice.
This was a suit by the defendant in error, Campbell, against the plaintiff in error, Cundiff, upon three promissory notes, all dated on the seventh of October, 1861, and payable on the first day of May, 1862. One of the notes was payable to Campbell himself; the two others payable to other parties, and endorsed to him ; but from the facts in the case it is evident that he was present at their execution, and knew of the consideration and terms upon which they were executed by Cundiff. He stands, therefore, in the place of the payees, and subject to the same defenses as…
2Cited by4 opinions
- Franklin v. Jackson, Texas Court of Appeals, 8th District (El Paso)1993
- Texas Rubber Supply, Inc. v. Jetslide International, Inc.Court of Appeals of Texas · 1971
- Tinker v. Midland Valley Mercantile Co.Supreme Court of Oklahoma · 1909
- Missouri-Kansas-Texas R. of Texas v. MarsCourt of Appeals of Texas · 1927