Tolbert v. McBride
Court of Appeals of Texas
Appeal from Wilbarger. Tried below before Hon. P. M. Stine. May 18, 1886, appellee McBride sued J. H. Tolbert, as administrator of W. B. Morrison, upon a promissory note, as follows: “Vernon, Wilbarger Co., Texas, September 12, 1883. “One year after date I promise to pay C. M. Byars three thousand and twenty-five dollars without interest.
Read the full summary
Appeal from Wilbarger. Tried below before Hon. P. M. Stine. May 18, 1886, appellee McBride sued J. H. Tolbert, as administrator of W. B. Morrison, upon a promissory note, as follows: “Vernon, Wilbarger Co., Texas, September 12, 1883. “One year after date I promise to pay C. M. Byars three thousand and twenty-five dollars without interest. After maturity, 12 per cent till paid. [Signed] “W. B. Morrison/'’ It was alleged that the payee Byars had transferred the note to plaintiff; that Morrison died January 14, 1885. That on May 18, 1886, the note, properly authenticated, was presented to J. H.…
1Opinion of the Court
COLLARD, Judge.
The appellant concedes that the averments of the original petition were sufficient except in the following particulars: It did allege that the note was made, executed, and delivered, but failed to allege that it was so done for a valuable consideration; it did allege that it was transferred to pilaintiff by the payee for a valuable consideration after its execution, but failed to state the precise date; and it failed to allege that plaintiff was still the owner. The amendment cured these defects by formal allegations, and appellant insists that in so doing a new cause of action…
2Cases cited7 opinions
- Cheatham v. RiddleTexas Supreme Court · 1854
- Knight v. HollomanTexas Supreme Court · 1851
- Kellum v. SmithTexas Supreme Court · 1857
- Kendall v. RileyTexas Supreme Court · 1876
- Gaston v. McKnightTexas Supreme Court · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Fort Worth & Denver City Railway Co. v. UnderwoodTexas Supreme Court · 1907
- Piner v. . BrittainSupreme Court of North Carolina · 1914
- Winters v. LangdeauTexas Supreme Court · 1962
- Green v. SmartCourt of Appeals of Texas · 1960
- Schaff v. NashCourt of Appeals of Texas · 1917
10 more not listed; retrieve them via the Exa API.