Legal Opinion

Gardner v. Watson

Texas Supreme Court

Decided February 4, 1890No. 2803PublishedCited by 34 opinions

Appeal from Freestone. Tried below before Hon. Rufus Hardy. Suit was brought February 33, 1888, by appellee against B. H. Gardner, as administrator of the estate of L. D. Bradley, deceased, on two motes amounting to over $1000. It was shown by the pleadings and evidence that defendant Gardner was entitled to a credit of $300, as of date August 1, 1888; and it was “further agreed that in addition to the following, defendant Gardner is entitled to a credit or offset of $500,…

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Appeal from Freestone. Tried below before Hon. Rufus Hardy. Suit was brought February 33, 1888, by appellee against B. H. Gardner, as administrator of the estate of L. D. Bradley, deceased, on two motes amounting to over $1000. It was shown by the pleadings and evidence that defendant Gardner was entitled to a credit of $300, as of date August 1, 1888; and it was “further agreed that in addition to the following, defendant Gardner is entitled to a credit or offset of $500, with interest at 8 per cent per annum from January 1, 1885, unless it should .appear to the court on further showing to…

1Opinion of the Court

GAINES, Associate Justice.

This suit was brought by appellee to recover of appellant, as administrator of the estate of L. D. Bradley, deceased, an alleged indebtedness amounting to about the sum of $1000, besides interest. Upon the trial it was agreed between the parties, in ■effect, that the indebtedness accrued as is alleged in the petition, but that defendant was entitled to an offset of $300. It was further stipulated that defendant was entitled to an additional offset of $500, unless it should be determined upon the trial that defendant’s intestate was indebted to plaintiff, as surviving…

2Cases cited3 opinions

  1. Ryan v. MortonTexas Supreme Court · 1886
  2. Lane & Saylor v. Scott & CulverTexas Supreme Court · 1882
  3. Hotchkiss v. BarnesSupreme Court of Connecticut · 1867

3Cited by34 opinions

  1. United Concrete Pipe Corp. v. Spin-Line Co.Texas Supreme Court · 1968
  2. Southern Surety Co. v. KleinCourt of Appeals of Texas · 1925
  3. Fred Miller Brewing Co. v. CoonrodCourt of Appeals of Texas · 1921
  4. Hines Clark & Curtis Herring v. CummingsTexas Supreme Court · 1892
  5. Cooper Grocery Co. v. EpplerCourt of Appeals of Texas · 1918

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