Grimes v. Hagood
Texas Supreme Court
Error from Cherokee. Tried below before the Hon. John H. Reagan. The petition filed Oct. 25th, 1855, by appellee against appellants, alleging that on the 18th of January, 1855, the plaintiff delivered said defendants $750, which defendants promised to pay back, with interest, at the rate of twelve per cent, per annum, within a short time thereafter, to-wit: on the-day of-A. D. 1855; and that said defendants, as evidence thereof, did then and there sign- and deliver to…
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Error from Cherokee. Tried below before the Hon. John H. Reagan. The petition filed Oct. 25th, 1855, by appellee against appellants, alleging that on the 18th of January, 1855, the plaintiff delivered said defendants $750, which defendants promised to pay back, with interest, at the rate of twelve per cent, per annum, within a short time thereafter, to-wit: on the-day of-A. D. 1855; and that said defendants, as evidence thereof, did then and there sign- and deliver to plaintiff, their certain receipt in writing, bearing date the day and year aforesaid. Averment of request and refusal to pay.…
1Opinion of the Court
Hemphill, Ch. J.
The petition was filed on Oct. 25th, *2481855, and the plaintiff alleges that, on the 18th January, in that year, he had advanced the sum of seven hundred and fifty dollars to the defendants, which they promised to repay within a short time thereafter, to-wit: on the-day of-A. D. 1855. The defendants contend that their general demurrer to the petition should have been sustained, on the ground that the action was prematurely brought; that, by the averment, they had until the last day of eighteen hundred and fifty-five to make payment. The allegation, in relation to the time for…
2Cited by21 opinions
- McVeigh v. International Travelers Assur. Co.Court of Appeals of Texas · 1936
- Texas & New Orleans Railroad v. MillerCourt of Appeals of Texas · 1910
- Gaston v. WrightTexas Supreme Court · 1892
- Leonhardt v. SmallTennessee Supreme Court · 1906
- Security State Bank v. MerrittCourt of Appeals of Texas · 1922
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