Storey v. Nichols
Texas Supreme Court
Error from Caldwell. Tried below before the Hon. Alexander Terrell. Suit by tbe defendant in error, against the plaintiffs in error, on a promissory note, as follows: $275 98/100Lockhart, Texas, June 3,1857. One day after date, we, the undersigned, Trustees of the “ Lockhart,Union Female Seminary,” and our successors in office, promise to pay to F. P. Nichols, (late principal of said seminary,) or order, two hundred and seventy-five dollars balance due him as principal of…
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Error from Caldwell. Tried below before the Hon. Alexander Terrell. Suit by tbe defendant in error, against the plaintiffs in error, on a promissory note, as follows: $275 98/100Lockhart, Texas, June 3,1857. One day after date, we, the undersigned, Trustees of the “ Lockhart,Union Female Seminary,” and our successors in office, promise to pay to F. P. Nichols, (late principal of said seminary,) or order, two hundred and seventy-five dollars balance due him as principal of said seminary, hearing ten per cent, interest per annum, from the 4th day of February, A. D. 1857. Signed, Trustees. "John…
1Opinion of the CourtRoberts, J.
The judgment is excessive, because the petition admits a credit of flOO 65, without ascribing to it any date, and interest is calculated on the whole of the note up to the date of the bringing of the suit—eight months and two-thirds. The suit is brought against defendants, as trustees of the “Lock-hart Union Female Seminary,” and the judgment is rendered against them in their individual capacity. The manner of executing the note, on which the suit was brought, shows that it was intended to be an obligation, as trustees; and the fact, that one of the defendants is sued as a successor to one of…
2Cases cited5 opinions
- Hopkins v. HowardTexas Supreme Court · 1854
- Cartwright v. RoffTexas Supreme Court · 1846
- Tison v. SmithTexas Supreme Court · 1852
- Wheeler v. PopeTexas Supreme Court · 1849
- Little v. CrittendenTexas Supreme Court · 1853
3Cited by26 opinions
- Stoner v. ThompsonTexas Supreme Court · 1979
- Mullen v. RobertsTexas Supreme Court · 1968
- FRYMIRE ENGINEERING COMPANY INC. v. GranthamTexas Supreme Court · 1975
- Spivey v. Saner-Ragley Lumber Co.Texas Commission of Appeals · 1926
- Maldonado v. Puente, Texas Court of Appeals, 4th District (San Antonio)1985
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