Douglass v. Mundine
Texas Supreme Court
Appeal from Lee. Tried below before the Hon. E. B. Turner. Douglass sued F. M. and J. C. Mundine, July 17, 1876, upon the following note, viz.: “ $1,616.05. Lexington, January 1, 1874. “ One day after date we, or either of us, promise to pay J. D. Douglass or order, fifteen hundred and sixteen and .05-100 dollars gold, bearing twelve per cent, interest from date until value received. (Signed) “ F. M. Mundine, “ J. C. Mundine.”
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Appeal from Lee. Tried below before the Hon. E. B. Turner. Douglass sued F. M. and J. C. Mundine, July 17, 1876, upon the following note, viz.: “ $1,616.05. Lexington, January 1, 1874. “ One day after date we, or either of us, promise to pay J. D. Douglass or order, fifteen hundred and sixteen and .05-100 dollars gold, bearing twelve per cent, interest from date until value received. (Signed) “ F. M. Mundine, “ J. C. Mundine.” After entering all proper credits upon the note, the sum remaining due at date of trial of the cause amounted to $968.08. In extinguishment of the latter amount, and of…
1Opinion of the Court
Watts, J. Com. App.
Appellant claims that the court erred in admitting evidence under J. C. Mundine’s plea of suretyship, and release by subsequent transactions between appellant and F. M. Mundine. As claimed, there is no evidence in the record tending to show that J. C. Mundine was in fact a surety and not a principal on the note. Manifestly, the case was decided upon the other issue; and if the admission of the evidence objected to was erroneous, then it must be considered an immaterial error.
But one question is presented by the record for disposition, and that is, was the appellant liable…
2Cases cited1 opinion
- Johnston v. MillsTexas Supreme Court · 1860
3Cited by6 opinions
- McClure v. FallCourt of Appeals of Texas · 1931
- Guffey v. Farmers' & Merchants' State BankCourt of Appeals of Texas · 1923
- C. H. Larkin Co. v. DawsonCourt of Appeals of Texas · 1904
- Gray v. HafaleCourt of Appeals of Texas · 1925
- Savage Oil Co. v. JohnsonCourt of Appeals of Texas · 1940
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