Armstrong v. Lipscomb
Texas Supreme Court
Error from Austin. This action was instituted on three promissory notes of hand, described in the petition as having been drawn and signed by the defendant in error, on the fifth day of December, 1837, at Mobile, in the State of Alabama, one of the United States, payable to his own order at the Bank of Mobile, and by the defendant then and there indorsed to J. Nicholson, Esq., Cashier, or order, who then and there indorsed the said notes to the plaintiff, who sues for the…
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Error from Austin. This action was instituted on three promissory notes of hand, described in the petition as having been drawn and signed by the defendant in error, on the fifth day of December, 1837, at Mobile, in the State of Alabama, one of the United States, payable to his own order at the Bank of Mobile, and by the defendant then and there indorsed to J. Nicholson, Esq., Cashier, or order, who then and there indorsed the said notes to the plaintiff, who sues for the use of the President, Directors, and Company of the New Orleans and Carrollton Bail Boad Company. The first note is…
1Opinion of the Court
Hemphill, Ch. J.
There is no statement of facts nor copies of the notes, sued upon, embraced in the record, and it is contended by the counsel for the appellee, that the charges given and refused, stand as abstract propositions, the applicability of which to the facts adduced in evidence, it is impossible to determine, and, consequently, whether the legal rights 0/ the plaintiff were really prejudiced by the charge refused or by that which was given.
The first question which arises, is whether any evidence was required to establish the facts averred in the petition.
The statute, Sec. 86, p. 886,…
2Cases cited1 opinion
- Bkadlet v. McCrabbTexas Supreme Court · 1843
3Cited by12 opinions
- Raleigh & Heidenheimer Bros. v. CookTexas Supreme Court · 1883
- Ross v. McGowenTexas Supreme Court · 1883
- Pfeuffer v. MaltbyTexas Supreme Court · 1881
- Birge v. WanhopTexas Supreme Court · 1859
- International & G. N. R. Co. v. AlexanderCourt of Appeals of Texas · 1911
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