Legal Opinion

Shepard v. Phears

Texas Supreme Court

Decided July 1, 1872PublishedCited by 6 opinions

Error from Washington. Tried below before the Hon. I. B. McFarland. The facts are clearly indicated in the opinion of the conrt. It will be seen that after the first opinion of this ■court, a rehearing was asked, and a more elaborate ■opinion then delivered.

1Opinion of the CourtWalker, J.

It is somewhat difficult to ascertain the legal relation of the parties to each other and the instruments sued on in this case. Suit is brought on a promissory note. The original appears to have been lost, but a copy of the note, as well as of the guarantee written on the back of it, is proven by the affidavit of J. M. Onins. The indorsement is in these words: “I guarantee the collection of the within note: C. B. *770Shepard.” It does not appear whether this guaranty was made at the time the note was executed by Chris-man, or not. There is no date to the guaranty, nor is any time averred in the…

2Cases cited4 opinions

  1. Carr's Ex'ix v. RowlandTexas Supreme Court · 1855
  2. Cook v. SouthwickTexas Supreme Court · 1853
  3. Huffman v. HulbertNew York Supreme Court · 1835
  4. Erie Bank v. GibsonSupreme Court of Pennsylvania · 1832

3Cited by6 opinions

  1. Bedford v. KelleyMichigan Supreme Court · 1913
  2. Austin v. Guaranty State Bank of CopperasCourt of Appeals of Texas · 1927
  3. Bosman v. AkeleyMichigan Supreme Court · 1878
  4. Hanrick v. AlexanderTexas Supreme Court · 1879
  5. MacNear v. MalowMichigan Supreme Court · 1937

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