Powell v. Messer
Texas Supreme Court
Appeal from Wharton. Tried below before the Hon. James H. Bell. Suit by Charles Messer, commenced February 17th, 1855, against John P. Carson, Samuel G. Powell and Charles W. Coen, late partners trading under the name of Carson & Co., on a note signed Carson & Co., dated March 1st, 1853, for $1124 28, with interest at ten per cent, from date, payable to plaintiff seven months after date ; with a credit of $100, Oct. 20th. 1853. Powell and Coen answered jointly, denying that…
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Appeal from Wharton. Tried below before the Hon. James H. Bell. Suit by Charles Messer, commenced February 17th, 1855, against John P. Carson, Samuel G. Powell and Charles W. Coen, late partners trading under the name of Carson & Co., on a note signed Carson & Co., dated March 1st, 1853, for $1124 28, with interest at ten per cent, from date, payable to plaintiff seven months after date ; with a credit of $100, Oct. 20th. 1853. Powell and Coen answered jointly, denying that said note was signed by them or by their authority, and alleging that it was given by Carson for his individual debt to…
1Opinion of the CourtWheeler, J.
Two grounds are relied on for reversing the judgment: first, that the Court erred in refusing instructions asked by the defendants ; second, that the verdict was not warranted by the evidence.
The general correctness of the charge of the Court is not questioned ; and there is nothing better settled in the practice of this Court, than that a judgment will not be reversed on the account of the refusal of instructions, where the law of the case has been fully and accurately given in the charge to the jury. It is the right of the party to have the jury instructed upon the law of the case ; but…
2Cited by17 opinions
- Price v. StateCourt of Criminal Appeals of Oklahoma · 1908
- Keeshin Motor Express Co. v. GlassmanIndiana Supreme Court · 1942
- Hays v. HaysTexas Supreme Court · 1886
- Fowler v. WallaceIndiana Supreme Court · 1892
- Traylor v. TownsendTexas Supreme Court · 1884
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