Welch v. Nasboe
Texas Supreme Court
Appeal from Navarro. This suit was brought August 9, 1849, by Nasboe, against Welch & Franklin, oil the following note : $.500.00. Austin, February llf7t, 1S48. On demand we or either of ns promise to pay to Peter,Nasboe or hearer the sum of live hundred dollars for value received. This note to he discharged with Wm. Combe’s receipts on the United States Government. G. W. FRANKLIN, John Welch.
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Appeal from Navarro. This suit was brought August 9, 1849, by Nasboe, against Welch & Franklin, oil the following note : $.500.00. Austin, February llf7t, 1S48. On demand we or either of ns promise to pay to Peter,Nasboe or hearer the sum of live hundred dollars for value received. This note to he discharged with Wm. Combe’s receipts on the United States Government. G. W. FRANKLIN, John Welch. Tlie defendants relied on the following evidence of the discharge of plaintiff’s claim. IÍICHLAND, April 8th, 1848. Mr. J. M. Davis : Sir: You will please to destroy the notes, by consent of parties.…
1Opinion of the CourtLipscomb, J.
Tlie only question presented in this case is, does the affidavit furnish sufficient ground for a new trial. It is newly-discovered evidence since the trial, and that evidence is the acknowledgment of the opposite party, made after the rendition of tlie verdict.
'Pile rule laid down by tills court in Madden v. Shapard, 3 Tex. R., and in Edrington v. Kiger, 4 Tex. R., is, “ that to entitle a party to a new trial on the ground of newly-discovered evidence it is incumbent on liim to satisfy tlie court that the evidence has come to his knowledge since the trial; that it was not owing to a want of…
2Cited by4 opinions
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- Gannaway v. Trinity Universal Ins. Co.Court of Appeals of Texas · 1935