Davis v. Willis
Texas Supreme Court
Appeal from Robertson. Tried below before the Hon. John B. Rector. P. J. Willis et al. brought suit against William Davis and James S.. Hanna, upon two promissory notes; one for the sum of $250, bearing date the 6th of November, A. D. 1860, and the other for $2,150, dated June 6, 1861. Bach of said notes was signed by the firm name of Davis, Calvert, Hanna & Hardy.
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Appeal from Robertson. Tried below before the Hon. John B. Rector. P. J. Willis et al. brought suit against William Davis and James S.. Hanna, upon two promissory notes; one for the sum of $250, bearing date the 6th of November, A. D. 1860, and the other for $2,150, dated June 6, 1861. Bach of said notes was signed by the firm name of Davis, Calvert, Hanna & Hardy. The items of indebtedness of the firm were set out in the petition, for which the notes were executed, hut recovery was not sought on said account, the same being barred by the law of limitation. The action was brought on the…
1Opinion of the Court
Moore Associate Justice.
The plea of non est factum imposed upon the plaintiffs the necessity of proving the execution of the note thus impeached by the defendants, to entitle them to a judgment upon it. But, while it was necessary to prove the due execution of the note by the defendants, or by their authority, the plaintiffs were not restricted by the plea or the practice of the court to a particular order for the introduction of the testimony upon winch they relied to prove its. execution and establish defendants’ liability for its payment.. While it evidently seems more methodical, and in…
2Cases cited4 opinions
- Robertson v. SmithNew York Supreme Court · 1821
- Ward v. JohnsonMassachusetts Supreme Judicial Court · 1816
- Tudor v. WhiteTexas Supreme Court · 1864
- Anderson v. ChandlerTexas Supreme Court · 1857
3Cited by13 opinions
- Fowler Commission Co. v. Charles Land & Co.Texas Commission of Appeals · 1923
- Long v. GarnettTexas Supreme Court · 1883
- Lumsden v. JonesCourt of Appeals of Texas · 1918
- Sellers v. PuckettCourt of Appeals of Texas · 1915
- Price v. WakehamCourt of Appeals of Texas · 1908
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