Stringfellow v. Montgomery
Texas Supreme Court
Appeal from Caldwell. Tried below before the Hon. John P. White. • Suit brought by the appellant against the appellees, on an alleged contract between W. R. Cowan, deceased, plaintiff’s intestate, and who was an attorney at law, and said appellees, entered into in 1869, whereby the defendants engaged said Cowan to procure the name of defendant Mary Ann Montgomery to be placed upon the roll of pensioners as the widow of a captain in the United States army, for which services…
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Appeal from Caldwell. Tried below before the Hon. John P. White. • Suit brought by the appellant against the appellees, on an alleged contract between W. R. Cowan, deceased, plaintiff’s intestate, and who was an attorney at law, and said appellees, entered into in 1869, whereby the defendants engaged said Cowan to procure the name of defendant Mary Ann Montgomery to be placed upon the roll of pensioners as the widow of a captain in the United States army, for which services the defendants agreed to pay him $500, to become due when the pension should be received. Plaintiff alleged that in the…
1Opinion of the Court
Walker, P. J. Com. App.
Whether the court erred or not in the exclusion of the evidence offered by the plaintiff, is the decisive question on this appeal. There are three distinct items of evidence which were thus offered, and, on objections by the defendant, excluded by the court, as follows, to wit:
1st. The plaintiff offered to testify to conversations between his intestate, Cowan, and the defendants, in which he had heard the terms of the original contract between the parties stated, and to establish thereby the terms thereof. The bill of exception does not show the grounds of objection,…
2Cases cited6 opinions
- Commercial & Agricultural Bank v. JonesTexas Supreme Court · 1857
- Bohanan v. HansTexas Supreme Court · 1863
- Lea v. HernandezTexas Supreme Court · 1853
- Fisk v. WilsonTexas Supreme Court · 1855
- Henry S. Sypert v. McCowen’s Executors Et Al.Texas Supreme Court · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Parks v. CaudleTexas Supreme Court · 1882
- Smith's Heirs v. HirschCourt of Appeals of Texas · 1917
- Universal Commodities, Inc. v. WeedCourt of Appeals of Texas · 1969
- Daggett v. Farmers' Nat. BankCourt of Appeals of Texas · 1923
- Gillaspie v. MurrayCourt of Appeals of Texas · 1902
6 more not listed; retrieve them via the Exa API.