Stampers v. Johnson
Texas Supreme Court
— Error from Travis County. This suit was brought by the defendant in error to recover of the plaintiffs in error $200, alleged to have been money loaned. The petition is, in form, a common law count for money loaned.
Read the full summary
— Error from Travis County. This suit was brought by the defendant in error to recover of the plaintiffs in error $200, alleged to have been money loaned. The petition is, in form, a common law count for money loaned. The defendants answered by a general denial; and the defendant, William, further answered, specially traversing the averment of a loan, and alleging that he had sold and delivered to the plaintiff, at the time specified, a negro man for the amonnt sued for; and at the same time had received from the-plaintiff a writing, which he exhibits, reserving to him the right to…
1Opinion of the CourtJustice Wheelee
Mr. Justice Lipscomb not sitting.
For the plaintiffs in error, it is insisted, in effect, that the contract between the parties was evidenced by writing, and that the writing should have been declared on as the foundation of the action; that if not an absolute sale, it was a mortgage, and should have been proceeded upon as such; that the written contract having been made with one, the action will not lie against two; and that the loan having been evidenced only by parol, was merged in the written contract, and no action upon it can be maintained.
In so far as objection is taken to the form of…
2Cases cited5 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Clark v. HenryCourt for the Trial of Impeachments and Correction of Errors · 1823
- Lane v. ShearsNew York Supreme Court · 1828
- Nelson v. Territory of WashingtonWashington Supreme Court · 1890
- Wood v. RoachSupreme Court of Pennsylvania · 1792
3Cited by32 opinions
- Bradshaw v. McDonaldTexas Supreme Court · 1949
- Cove Investments, Inc. v. MangesTexas Supreme Court · 1980
- Hill v. PrestonTexas Supreme Court · 1931
- Humble Oil & Refining Co. v. AtwoodTexas Supreme Court · 1951
- W. T. Rawleigh Co. v. LandTexas Supreme Court · 1926
27 more not listed; retrieve them via the Exa API.