Legal Opinion

Loving v. Dixon

Texas Supreme Court

Decided November 29, 1881No. Case No. 2889PublishedCited by 27 opinions

Error from Cooke. Tried below before the Hon. J. A. Carroll, special judge. Suit brought by defendant in error as plaintiff below, against L. R. Dyer and J. C. Loving, upon a joint obligation of the defendants to pay to D. S. Hagier & Co. $5,000, which could be discharged in beef steers at twenty dollars, and cows at twelve dollars per head, to be delivered at Red River Station on or before September 1, 1871, upon which it was acknowledged that $3,000 had been paid, leaving…

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Error from Cooke. Tried below before the Hon. J. A. Carroll, special judge. Suit brought by defendant in error as plaintiff below, against L. R. Dyer and J. C. Loving, upon a joint obligation of the defendants to pay to D. S. Hagier & Co. $5,000, which could be discharged in beef steers at twenty dollars, and cows at twelve dollars per head, to be delivered at Red River Station on or before September 1, 1871, upon which it was acknowledged that $3,000 had been paid, leaving remainder unpaid; and the cattle not having been delivered, a judgment in money was sought. • The note had been assigned…

1Opinion of the Court

Watts, J. Com. App.

Loving claimed that he signed the note with the understanding and upon the agreement that he was not bound thereby, unless D. P. Terrell would sign the same. This was one of the contested issues in the court below, and much, of the evidence found in the record was addressed to it. In the bill of sale from *78Hagler & Co. to Dyer, the latter is required to obtain Terrell’s signature to the note, and it is provided that, if Terrell should fail or refuse to sign the note, the bill of sale was to be null and void. It is clearly shown that Loving was in fact surety for Dyer. On the…

2Cases cited2 opinions

  1. Denison v. LeagueTexas Supreme Court · 1856
  2. Houston & T. C. R. W. Co. v. TerryTexas Supreme Court · 1874

3Cited by27 opinions

  1. Holt v. GordonTexas Supreme Court · 1915
  2. Texas & Pacific Railway Co. v. FrenchTexas Supreme Court · 1893
  3. Jamison Gin Co. v. MeaselsCourt of Appeals of Texas · 1918
  4. Holt v. GordonCourt of Appeals of Texas · 1912
  5. Mauritz v. SchwindCourt of Appeals of Texas · 1937

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