Close v. Fields
Texas Supreme Court
Appeal from Galveston. For former reports of this case see 2 Tex. R. 232, and 9 Id. 422. On the last trial the defendant requested the Court to instruct the jury as follows : 1st. That 'the possession by the defendant of the draft of four hundred dollars given in evidence by him, is prima facie evidence of the payment of the same by him, and raises a presumption in his favor, of that fact, which if not rebutted, will be taken as true. 2nd.
Read the full summary
Appeal from Galveston. For former reports of this case see 2 Tex. R. 232, and 9 Id. 422. On the last trial the defendant requested the Court to instruct the jury as follows : 1st. That 'the possession by the defendant of the draft of four hundred dollars given in evidence by him, is prima facie evidence of the payment of the same by him, and raises a presumption in his favor, of that fact, which if not rebutted, will be taken as true. 2nd. That the claim of the plaintiff as set forth in the pleadings is not such a claim as will bear interest under the laws of this State. These instructions…
1Opinion of the CourtLipscomb, J.
This is the third time this case has been brought before us by the appellant. In the two former cases the judgment was reversed and remanded, on the ground that the Judge had erred in charging the law to the jury.
In this case we have discovered no error on the part of the Court, in giving the law of the case in charge to the jury, except on the question of interest.
We believe that but two questions can be raised upon the record : Is the evidence sufficient to support the verdict ? and secondly, Was it competent for the jury to give interest, by any name, on the sum of the principal found to…
2Cited by27 opinions
- Watkins v. JunkerTexas Supreme Court · 1897
- Phillips Petroleum Co. v. Stahl Petroleum Co.Texas Supreme Court · 1978
- Houston & T. C. R'y Co. v. JacksonTexas Supreme Court · 1884
- Heidenheimer & Co. v. L. A. & EllisTexas Supreme Court · 1887
- Arete Partners, L.P. v. GunnermanCourt of Appeals for the Fifth Circuit · 2011
22 more not listed; retrieve them via the Exa API.