Herndon v. Ennis
Texas Supreme Court
Appeal from Brazoria. Tried below before the Hon. James H. Bell. Suit by appellees, 'Cornelius Ennis and James R. Ennis, partners trading under the style of C. Ennis & Co., against appellant, on three several promises in writing to pay money. The plaintiffs claimed by indorsement of “ H. B. Andrews & Co., by E. M. Tyne.” The promises in writing, were filed with an amendment of the petition. Defendant filed a general demurrer and general denial.
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Appeal from Brazoria. Tried below before the Hon. James H. Bell. Suit by appellees, 'Cornelius Ennis and James R. Ennis, partners trading under the style of C. Ennis & Co., against appellant, on three several promises in writing to pay money. The plaintiffs claimed by indorsement of “ H. B. Andrews & Co., by E. M. Tyne.” The promises in writing, were filed with an amendment of the petition. Defendant filed a general demurrer and general denial. Afterwards defendant took leave to amend, and repeated his general demurrer and general denial, and added several special denials, in different forms…
1Opinion of the CourtWheeler, J.
The defendant sustained no injury by the *412ruling of the Court, sustaining exceptions to so much of the answer as specially denied the authority under which the note purported to be made. The special traverse put in issue nothing which was not put in issue by the general denial. The latter included the former : for, under the general denial, the plaintiffs were required to prove every fact essential to their right to a recovery upon the notes. The special denial did not increase the burden of proof, or entitle the defendant to insist upon the proof of any fact which -he was not entitled to…
2Cited by1 opinion
- P. J. Willis & Bro. v. HudsonTexas Supreme Court · 1885