Dalby v. Murphy
Texas Supreme Court
Error from Titus. Tried below before the Hon. W. S. Todd, The plaintiff in- error instituted suit in a justice’s court against the defendant in error, on an account for fifty dollars, and a note for twenty-three dollars and seventy-five cents-. The defendant pleaded in set-off, payment of the note and account by the sale and delivery to the plaintiff of a horse at the price of one hundred and twenty-five dollars, and prays judgment for the balance due him.
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Error from Titus. Tried below before the Hon. W. S. Todd, The plaintiff in- error instituted suit in a justice’s court against the defendant in error, on an account for fifty dollars, and a note for twenty-three dollars and seventy-five cents-. The defendant pleaded in set-off, payment of the note and account by the sale and delivery to the plaintiff of a horse at the price of one hundred and twenty-five dollars, and prays judgment for the balance due him. Judgment in justice’s court for defendant for sixteen dollars-; certiorari prayed for, and granted to plaintiff; trial in the District…
1Opinion of the CourtBell, J.
We are of opinion that there is no error in the judgment of the court below for which the same ought to be reversed. The evidence was such as authorized the jury to find that the plaintiff in the court below was indebted to the defendant for the balance, of the price of the horse. The evidence showed a sale of the horse by the defendant to the plaintiff. The terms of the sale, and the delivery of the horse by the defendant, were sufficiently established. There is no soundness in the objection that the court erred in entertaining the defendant’s plea of set-off, because the price of the horse…
2Cases cited3 opinions
- Ramsay v. McCauleyTexas Supreme Court · 1847
- Davis v. PinckneyTexas Supreme Court · 1857
- Duer v. SeydellTexas Supreme Court · 1857
3Cited by6 opinions
- Gimbel & Son v. J. Gomprecht & Co.Texas Supreme Court · 1896
- Times Publishing Co. v. HillCourt of Appeals of Texas · 1904
- Knoohuizen v. NichollCourt of Appeals of Texas · 1924
- Myers v. Shapiro Bros. Factors Corp.Court of Appeals of Texas · 1941
- Commercial Credit Co. v. MooreCourt of Appeals of Texas · 1926
1 more not listed; retrieve them via the Exa API.