Wells's Adm'x v. Fairbank
Texas Supreme Court
Appeal from Harris. This suit was brought by the appellee against, the appellant as-administratrix of James Wells, deceased, upon an account'for work and labor alleged to have been doue by the plaintiff for the defendant’s intestate. The answer embraced a plea of payment, alleging in general terms that the debt had been “paid off and discharged.”
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Appeal from Harris. This suit was brought by the appellee against, the appellant as-administratrix of James Wells, deceased, upon an account'for work and labor alleged to have been doue by the plaintiff for the defendant’s intestate. The answer embraced a plea of payment, alleging in general terms that the debt had been “paid off and discharged.” The defendant offered to read iu evidence the deposition of a witness to the effect that both the parties to the contract of hiring, the plaintiff and the defendant’s intestate, had stated to the witness, at a time subsequent to that of the alleged…
1Opinion of the CourtWheeler, J.
The only question presented for our consideration is as to the propriety of the ruling of the court in excluding the evidence offered to prove a settlement of the alleged indebtedness, and the admission of the plaintiff' that the defendant’s intestate owed him but fifty dollars.
It does not appear upon what ground the evidence was excluded. But it must have been upon one of two grounds : either, 1st, that it was inadmissible iu itself as evidence of payment, or, 2d, that the fact of payment was not so pleaded as to lay the foundation ior the introduction of any evidence under the plea.
It is an…
2Cited by25 opinions
- Houston & T. C. R. R. Co. v. ShaferTexas Supreme Court · 1881
- Thornell v. Missouri State Life Ins.Texas Commission of Appeals · 1923
- Erie Telegraph & Telephone Co. v. GrimesTexas Supreme Court · 1891
- Knapp v. StateIndiana Supreme Court · 1907
- Wise v. HaynesCourt of Appeals of Texas · 1937
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