Gray v. Osborne
Texas Supreme Court
Error from Travis. Tried below before the Hon. Alexander W. Terrell: This was a suit by the defendant in error, against George H. Gray, Frederick W. Chandler, and Morgan 0. Hamilton, the plaintiffs in error, on a promissory note for $518.06. The plaintiff, in the petition, averred that the defendants were indebted to him in the sum of $518.06, with interest thereon from the 1st of July, 1857, “as is evidenced by a certain promissory note, which is prayed to be taken as a…
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Error from Travis. Tried below before the Hon. Alexander W. Terrell: This was a suit by the defendant in error, against George H. Gray, Frederick W. Chandler, and Morgan 0. Hamilton, the plaintiffs in error, on a promissory note for $518.06. The plaintiff, in the petition, averred that the defendants were indebted to him in the sum of $518.06, with interest thereon from the 1st of July, 1857, “as is evidenced by a certain promissory note, which is prayed to be taken as a part of this petition.” A copy of the note was then set out in the petition; and, after the usual averments of the failure…
1Opinion of the CourtBell, J.
The petition contains no allegation, that the note described in it was either made, or executed, or delivered by the defendants in the court below. The allegation of the petition is, that the defendants are indebted to the petitioner, as is evidenced by a certain promissory note, &c. In a subsequent part of the petition, it is alleged that George H. Gray executed and delivered his certain deed of mortgage, &c.; and the substance of the mortgage purports to be set out in the petition, but it is not alleged that the mortgage discloses the fact, that the note sued on was executed by the…
2Cited by21 opinions
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- Webb County v. Board of School TrusteesTexas Supreme Court · 1901
- Western Union Telegraph Co. v. HenryTexas Supreme Court · 1894
- Wall v. Royal Indemnity Co.Court of Appeals of Texas · 1927
- Wichita Falls & Southern R. v. AndersonCourt of Appeals of Texas · 1940
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