Smith v. Doak
Texas Supreme Court
— Appeal from Red River County. The appellant brought suit against the appellee, upon a note made payable to the plaintiff’s intestate, as follows: “ $662.67. On or before the twenty-fifth day of December next, we or either of us, promise to pay to William Smith, :Sen., six hundred and sixty-two dollars and sixty-seven cents, for value received. Witness our hands and seals, February, 1842. (Signed) “ Wm.
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— Appeal from Red River County. The appellant brought suit against the appellee, upon a note made payable to the plaintiff’s intestate, as follows: “ $662.67. On or before the twenty-fifth day of December next, we or either of us, promise to pay to William Smith, :Sen., six hundred and sixty-two dollars and sixty-seven cents, for value received. Witness our hands and seals, February, 1842. (Signed) “ Wm. Williams, [seal.] [seal.] “ Nelson Doak, [seal.] The defendant pleaded that the note, when presented to him, had the signature of "Williams, and that it was signed by himself as a surety,…
1Opinion of the CourtJustice Wheelee
To reverse the judgment, it is insisted that the court erred:
1st. In allowing the parol agreement to be set up as a. defense to the note.
2d. In giving judgment for the defendant upon the special verdict.
1. The first question here presented is not wholly free from difficulty. In the case of Sprigg vs. The Bank of Mount Pleasant, 10 Peters, 266, it was said (upon the authority of' the cases of Rees vs. Barrington, 2 Vesey, Jr., 542, and The People vs. Janson, 7 Johns. 337) to be the rule well settled at law, that, where principal and surety are bound jointly and severally in a bond, although…
2Cases cited4 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Pain v. PackardNew York Supreme Court · 1816
- People v. JansenNew York Supreme Court · 1811
- Hunt v. United StatesU.S. Circuit Court for the District of Massachusetts · 1812
3Cited by11 opinions
- Buchanan v. DavisCourt of Appeals of Texas · 1931
- Tanner v. ImleCourt of Appeals of Texas · 1923
- Decker v. KoenigCourt of Appeals of Texas · 1931
- McCramer v. ThompsonSupreme Court of Iowa · 1866
- Reynolds v. McMan Oil & Gas Co.Court of Appeals of Texas · 1926
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