Legal Opinion

Hurt v. Cooper

Texas Supreme Court

Decided February 20, 1885No. Case No. 2025PublishedCited by 52 opinions

Appeal from Galveston. Tried below before the Hon. Win. H. Stewart. On the 17th of March, 1877, Thos. D. Gilbert borrowed from the plaintiff Hurt a sum of money which appears to have been secured as follows: Thos. Gilbert and his wife Annie made a deed of conveyance to B. P. Cooper for lots 6 and 7 in block 626, and lot 11 in block 143, in the city and county of Galveston, Texas.

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Appeal from Galveston. Tried below before the Hon. Win. H. Stewart. On the 17th of March, 1877, Thos. D. Gilbert borrowed from the plaintiff Hurt a sum of money which appears to have been secured as follows: Thos. Gilbert and his wife Annie made a deed of conveyance to B. P. Cooper for lots 6 and 7 in block 626, and lot 11 in block 143, in the city and county of Galveston, Texas. The deed recited a consideration of $4,500 as paid and the further consideration of said Cooper’s promissory note of same date for the sum of $5,500, payable twelve months after date and bearing twelve per cent,…

1Opinion of the Court

Stayton, Associate Justice.

That part of the answer of Catherine and Thomas D. Gilbert contained in the fifth paragraph presented no defense to this action, and the demurrer thereto should have been sustained.

The inquiry or proposition for settlement, contained in the letter of H. M. Truehart & Co., of date January 26, 1881, was probably offered to support the part of the answer before referred to, was inadmissible, and should have been excluded.

At most it amounted to no more than a proposition for a settlement of the matters in controversy, not shown to have been in any way accepted or…

2Cases cited4 opinions

  1. Eylar v. EylarTexas Supreme Court · 1883
  2. Kellogg v. CarricoSupreme Court of Missouri · 1870
  3. Jencks v. AlexanderNew York Court of Chancery · 1845
  4. Singleton v. ScottSupreme Court of Iowa · 1859

3Cited by52 opinions

  1. Love v. BreedloveCourt of Appeals of Texas · 1890
  2. City of Corpus Christi v. JonesCourt of Appeals of Texas · 1940
  3. National Bond & Mortgage Corp. v. DavisTexas Commission of Appeals · 1933
  4. Coker v. RobertsTexas Supreme Court · 1888
  5. Graves v. KinneyTexas Supreme Court · 1902

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