Turner v. Brown
Texas Supreme Court
Appeal from Brazoria. On the 15th day of October, 1849, the appellant brought suit against the appellee, on a promissory note, duo on the 2d day of December, 1840, At the Ball Term and on the 7th day of November, 1849, the plaintiff amended his petition, alleging that on or about the 21st day of October, 1845, the defendant, by his indorsement in writing signed by him, acknowledged the justice of 'the debt.
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Appeal from Brazoria. On the 15th day of October, 1849, the appellant brought suit against the appellee, on a promissory note, duo on the 2d day of December, 1840, At the Ball Term and on the 7th day of November, 1849, the plaintiff amended his petition, alleging that on or about the 21st day of October, 1845, the defendant, by his indorsement in writing signed by him, acknowledged the justice of 'the debt. Subsequently, at the same Term, the defendant answered by a general demurrer and a general denial. Afterwards, the plaintiff amended by averring that the note had been mislaid previous to…
1Opinion of the CourtWheeler, J.
In dismissing tiie ease tiie court doubtless acted on tiie supposition that the new promise constituted the sole cause of action; that suit was not brought upon it until the filing of tiie last amended petition; and that four years from its date having then elapsed, it was barred by the statute of limitations.
Whether the new promise constituted a cause of action independent of tiie original promise' upon which tiie statute would run subsequent to tiie filing of the original petition, and until the new promise was introduced in pleading; or, in other words, whether the amendments setting up…
2Cited by5 opinions
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- Lutz v. ThompsonCourt of Appeals of Texas · 1924
- United States Fidelity & Guaranty Co. v. Means & Fulton Iron WorksCourt of Appeals of Texas · 1910