Harris v. Musgrove
Texas Supreme Court
Error from Atascosa. Tried below before the Hon. George H. Hoonan. The suit was brought by appellants to recover on a note for $2,000, made by appellee, and payable in cattle at their market value at time of delivery. The note was executed to Mrs. M. I. Harris, who-was joined as plaintiff by her husband, L. B. Harris. On it was indorsed a credit for $600, by L. B. Harris, as agent for his wife.
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Error from Atascosa. Tried below before the Hon. George H. Hoonan. The suit was brought by appellants to recover on a note for $2,000, made by appellee, and payable in cattle at their market value at time of delivery. The note was executed to Mrs. M. I. Harris, who-was joined as plaintiff by her husband, L. B. Harris. On it was indorsed a credit for $600, by L. B. Harris, as agent for his wife. The defense was, that the note was not the property of the plaintiffs, but of Walter T. Harris, who was a minor when it was given, but was of full age at the time of pleading; that it was given for a…
1Opinion of the Court
Delany, J. Com. App.—
There are eight assignments of error, but it will not be necessary to notice them all.
The first is that the court erred in giving to the defendant the opening and conclusion upon the trial. Ho objection to this ruling having been made below, we need not consider it here.
The second is that the court erred in the charge that, where a contract is made with a minor, either party may disavow the contract when the minor attains his majority. In this we think the court erred. The rule of law is stated in 1 Parsons on Contracts, p. 329, as follows: “ The disability of infancy is…
2Cases cited1 opinion
3Cited by7 opinions
- Hatton v. Bodan Lumber Co.Court of Appeals of Texas · 1909
- Bullock v. SprowlsTexas Supreme Court · 1899
- Stringfellow v. EarlyCourt of Appeals of Texas · 1897
- Houston Land & Trust Co. v. SheldonCourt of Appeals of Texas · 1934
- Peck v. CainCourt of Appeals of Texas · 1901
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