Rockmore v. Davenport
Texas Supreme Court
Error from Panola. Suit by tlie defendant in error against the plaintiffs in error, on a bill of exchange which was drawn and payable in Louisiana, and protested for non-payment. The bill was payable on the 1st of March, 1854, and was sued before that time.
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Error from Panola. Suit by tlie defendant in error against the plaintiffs in error, on a bill of exchange which was drawn and payable in Louisiana, and protested for non-payment. The bill was payable on the 1st of March, 1854, and was sued before that time. The defendants pleaded that it was orally agreed, at the time of drawing the bill, between the drawers and the payee, the plaintiff, that in no event should they be called upon to pay the amount mentioned in the bill, before the said 1st day of March, 1854. Said plea was stricken out, on motion of the plaintiff. Verdict and judgment for…
1Opinion of the CourtWheeler, J.
It is insisted, for the plaintiffs in error, that the Court erred in adjudging the plea insufficient, which sets up a contemporaneous parol agreement to give credit upon the indebtedness, evidenced by the bill of exchange sued on, until the first of March, 1854. Cases are cited where it has been held, that parol evidence is admissible to prove an argreement, at the time of making a note, that it might be discharged in a particular way, other than by the payment of the money, expressed in the note. (1 Ala. 41, 357, and other cases cited in brief.) But these cases proceed upon the ground that…
2Cases cited1 opinion
- Murchie v. McNabSupreme Court of Alabama · 1840
3Cited by14 opinions
- Chalk v. DaggettTexas Commission of Appeals · 1924
- Baker v. ComptonTexas Supreme Court · 1879
- Brown v. WileySupreme Court of the United States · 1858
- Dibrell v. Central Nat. Bank of San AngeloCourt of Appeals of Texas · 1927
- Loonie v. TillmanCourt of Appeals of Texas · 1893
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