Mercer v. Hall
Texas Supreme Court
The appellees sued the appellant upon a promissory note. The defendant in the court below pleaded a failure of con■sideration, and alleged that the note sued on was given to the intestate, Anderson, as a part of the price of a negro man sold by him to the defendant, and warranted sound, but which proved to be unsound and valueless. The defendants prayed judgment against the plaintiffs for two hundred dollars, a part of the purchase money, which had already been paid.
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The appellees sued the appellant upon a promissory note. The defendant in the court below pleaded a failure of con■sideration, and alleged that the note sued on was given to the intestate, Anderson, as a part of the price of a negro man sold by him to the defendant, and warranted sound, but which proved to be unsound and valueless. The defendants prayed judgment against the plaintiffs for two hundred dollars, a part of the purchase money, which had already been paid. At the trial, a number of witnesses testified on the part of ■both plaintiffs and defendant, respecting the condition of the…
1Opinion of the Court
Mr. Justice 'Wheeler
delivered the opinion of the court.
That the charge of the court embraces erroneous propositions is not, of itself, a sufficient cause for reversing a judgment, where, upon the whole, the charge given was not unfavorable to the party seeking the reversal. 4 Litt. 217; 3 J. J. Marsh. 508; id. 717; 6 Monr. 61; 21 Wend. 354; 23-id. 79; 25 id. 417.
It may be true in the case before us, that the court erred in stating to the j ury that the defendant, under the plea of a total failure of consideration, could not have the benefit of showing a partial failure; yet if the effect…
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