Malone v. Craig
Texas Supreme Court
Error from Washington. Tried below before the Hon. It. E. B. Baylor. Suits by the defendants in error against the plaintiffs in error.
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Error from Washington. Tried below before the Hon. It. E. B. Baylor. Suits by the defendants in error against the plaintiffs in error. In the first case, the suit was brought by James M. Craig; and it was alleged in the petition, that Malone, for a valuable consideration, executed and delivered his promissory note, the purport and effect of which was as follows, to wit: One day after date, I promise to pay to J. M. Craig, or bearer, one hundred and seventy seven dollars and forty eight cents, for value received. Interest at ten per cent per annum this June 7th, 1855. H. D. Malone, [seal.]…
1Opinion of the CourtBell, J.
We are of opinion that the petitions in these two cases, do not state the cause of action of the plaintiffs, with sufficient precision and accuracy to entitle them to recover. In the case of Jennings v. Moss, 4 Tex. Rep. 452, it was said, that “to show a right of action, the plaintiff must allege title inhim- “ self, and some act of the defendant, creating a legal liability on “his part.” It was said further, that “the defendant’s liability “must be shown by averment.” The petitions before us aver that the defendants executed and delivered the notes sued on ; but it is not alleged to whom the…
2Cited by28 opinions
- Missouri Pacific Railway Co. v. HennesseyTexas Supreme Court · 1889
- Western Union Telegraph Co. v. HenryTexas Supreme Court · 1894
- Wilkins v. FerrellCourt of Appeals of Texas · 1895
- Gilder v. McIntyreTexas Supreme Court · 1867
- McCauley v. Long & Co.Texas Supreme Court · 1884
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