Lemmon v. Box
Texas Supreme Court
Error from Ellis. Tried below before the Hon. Nat. M. Bur-ford. The note sued on was dated Sept. 3d, 1855, and was payable by defendant to plaintiff. The note and order, pleaded in set-off, were filed as part of the answer, and there was no acceptance in writing. The allegations are fully stated in the Opinion.
1Opinion of the Court
Hemphill, Ch. J.
The only point in this case is whether the offset of ninety-five dollars, as pleaded by R. A. Lemmon, the defendant, is in law a valid claim against the plaintiff.
It appears that Claiborne Carpenter and Eliza Carpenter his wife executed, on the 23d of October, 1855, their note to the defendant Lemmon for ninety-five dollars, and appended to their note an order on Thomas Box, the plaintiff, in the following terms, viz:—
*331Mr. Thomas Box : You will please accept the note of Mr. Lemmon-as cash, and oblige us, this 23d of October, 1855.
his
CLAIBORNE + CARPENTER, mark.
her
ELIZA +…
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