Rogers v. Broadnax
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Fielding Jones. This case was formerly before the Supreme Court, reversed, and remanded, (24 Tex. R., 538,) to which reference is made for the facts introduced in evidence on the first trial.
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Appeal from Gonzales. Tried below before the Hon. Fielding Jones. This case was formerly before the Supreme Court, reversed, and remanded, (24 Tex. R., 538,) to which reference is made for the facts introduced in evidence on the first trial. On the second trial the pleadings were the same; the same facts were also in evidence; on the second trial the defendants introduced no additional facts of a material character; the plaintiff introduced additional testimony strongly tending to prove that the execution and delivery of the notes sued on by the defendant Broadnax were the result of a new…
1Opinion of the CourtMoore, J.
The verdict in this case is not only unsupported by the evidence, but is directly contrary to it. When this case *240was before this court on a former appeal, (24 Tex., 538,) it was held, that the burden of establishing the alleged relation between the notes sued on and the prior arrangement between Broadnax and Means, upon which he relied as a defence, devolved upon Broadnax. It was said by the court: “But the notes were given on the 13th of December, 1854, and are payable at different times, and in different amounts, from those stipulated in the agreement of the 2nd of April, 1853; and prima…
2Cases cited1 opinion
- Rogers v. BroadnaxTexas Supreme Court · 1859
3Cited by4 opinions
- W. T. Rawleigh Co. v. LandTexas Supreme Court · 1926
- Tureman v. StephensSupreme Court of Missouri · 1884
- O'Neil v. GravesCourt of Appeals of Texas · 1920
- Siemans & Halske Electric Co. of America v. Ten BroekMissouri Court of Appeals · 1902