Marshall v. Alley
Texas Supreme Court
Error from Cass. Tried below 'before the Hon. W. S. Todd. This was a suit brought -by the commercial firm of John R. Marshall & Co., against the defendant in error on a promissory note for $2951 83, payable nine months after date, with interest at the rate of eight per cent, per annum from maturity until paid, dated June 17, 1856. The petition commencing in the ordinary form, after averring the co-partnership and residence of the plaintiffs, alleges that the defendant 11 is…
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Error from Cass. Tried below 'before the Hon. W. S. Todd. This was a suit brought -by the commercial firm of John R. Marshall & Co., against the defendant in error on a promissory note for $2951 83, payable nine months after date, with interest at the rate of eight per cent, per annum from maturity until paid, dated June 17, 1856. The petition commencing in the ordinary form, after averring the co-partnership and residence of the plaintiffs, alleges that the defendant 11 is justly indebted to them in the sum of two thousand dollars.” The petition then proceeds to state the aforesaid cause of…
1Opinion of the CourtWheeler, C. J.
We are of opinion that the court did not err in its judgment dissolving the attachment. It is evident the plaintiffs’ agent, who made the affidavit, did not intend to make oath that two thousand dollars (the sum claimed in the petition) was the amount of the plaintiffs’. demand; for the petition itself *344showed that that sum was not due. The amount of the defendant’s indebtedness is not stated either in the petition or affidavit. It can only be arrived at by a calculation founded upon the statements of the petition of the amount of the note sued on, and the payments and: credits to which it is…
2Cited by9 opinions
- Joiner v. PerkinsTexas Supreme Court · 1883
- Kennedy v. MorrisonTexas Supreme Court · 1868
- Evans & Martin v. TuckerTexas Supreme Court · 1883
- Espey v. Heidenheimer Bros.Texas Supreme Court · 1883
- R. B. Whitemore & Co. v. WilsonTexas Commission of Appeals · 1880
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