Bray v. Crain
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. It. It. Gaines. Suit brought April 23, 1874, by J. H. L. Bray, for the use of the-Paris Exchange Bank, against Jasper Crain, in the court of a justice of the peace for Lamar county, under its increased jurisdiction, on a promissory note (not negotiable) for $950. On August 5, 1874, judgment was rendered in that court in favor of plaintiff for the debt, interest and costs, from which he appealed to the district court.
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Appeal from Lamar. Tried below before the Hon. It. It. Gaines. Suit brought April 23, 1874, by J. H. L. Bray, for the use of the-Paris Exchange Bank, against Jasper Crain, in the court of a justice of the peace for Lamar county, under its increased jurisdiction, on a promissory note (not negotiable) for $950. On August 5, 1874, judgment was rendered in that court in favor of plaintiff for the debt, interest and costs, from which he appealed to the district court. The cause was again tried in the district court ¡November 8, 1878, with judgment in favor of plaintiff. Hew trial granted Hovember…
1Opinion of the Court
Watts, J. Com. App. —
Parol evidence is not admissible to contradict or vary the legal effect of a contract in writing. This is an ■elementary principle universally recognized and applied by the ■courts. It is also a well established principle that prior and contemporaneous verbal agreements are considered as merged in the written contract entered into between the parties. But the evidence introduced over the objection of the appellant, respecting the application of the payment made in cotton, and the charge given at the instance of the appellee upon the same, does not infringe either upon the…
2Cases cited5 opinions
- Taylor v. ColemanTexas Supreme Court · 1858
- Hansen v. RounsavellIllinois Supreme Court · 1874
- Jones v. WilliamsWisconsin Supreme Court · 1876
- Whitaker v. Groover, Stubbs & Co.Supreme Court of Georgia · 1875
- Arnold v. JohnsonIllinois Supreme Court · 1835
3Cited by9 opinions
- Phillips v. HerndonTexas Supreme Court · 1890
- Shonaker v. Citizens' Loan & Investment Co.Court of Appeals of Texas · 1928
- N. O. Nelson Mfg. Co. v. WallaceCourt of Appeals of Texas · 1933
- Kelsey v. BlackmanCourt of Appeals of Texas · 1927
- Compton v. Ahrens & Ott Mfg. Co.Court of Appeals of Texas · 1912
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