Miller v. Burgess
Court of Appeals of Texas
Appeal from District Court, Taylor County;' Thos. L. Blanton, Judge. Action by Joe Burgess against P. J. Miller. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtConner, C. J.
Appellee, Burgess, instituted this suit against D. R. Wall and P. J. Miller to recover upon a promissory note for $1,175, with interest and attorney’s fees. The defendant Miller pleaded non est fac-tum, to which the plaintiff replied that if Miller did not sign the note he was, nevertheless, liable, on the ground that Miller and Wrall had been partners, and as such had given a note for $1,500, in lieu of which, after crediting a certain payment thereon, the note sued upon had been executed. A jury trial resulted in a verdict in favor of the plaintiff for the amount sued for, and judgment was…
2Cases cited3 opinions
- Dallas Consolidated Electric Street Railway Co. v. BlackCourt of Appeals of Texas · 1905
- Houston, East & West Texas Railway Co. v. McCartyCourt of Appeals of Texas · 1905
- Chicago, Rock Island & Texas Railway Co. v. MusickCourt of Appeals of Texas · 1903
3Cited by9 opinions
- Walker v. Texas Employers' Insurance AssociationTexas Supreme Court · 1956
- W. R. Case & Sons Cutlery Co. v. FolsomCourt of Appeals of Texas · 1914
- Wichita Falls. R. & Ft. W. Ry. Co. v. EmberlinCourt of Appeals of Texas · 1925
- Crow v. MonroeCourt of Appeals of Texas · 1925
- Joffre v. MynattCourt of Appeals of Texas · 1922
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