Pyron v. Butler
Texas Supreme Court
Error from Bexar. Tried below before the' Hon. E. J. Davis-, Suit by defendant in error against C. L Pyron as the drawer,- and Asa Mitchell as the indorser, of a bill of exchange for $>839, on Messrs. Watt & Noble, New Orleans, La. The bill was drawn payable to Mitchell, and by him indorsed in blank. The other facts appear sufficiently in the opinion. Verdict and judgment for plaintiff. New trial refused.
1Opinion of the CourtBell, J.
We are of opinion that the court below did not erf in overruling the objection to the admissibility of the notary’s protest and certificate. The petition was not sufficient, if proper exception had been taken to it, because it failed to allege that the defendants were" merchants, or the factors or agents of merchants; and it is only in one of these cases that the statute permits the payee of a bill to fix the liability of the other parties to it, by protest and notice. But the courts cannot look with favor upon objections taken to testimony during the progress of a trial, upon *272the ground that…
2Cited by4 opinions
- Western Medical Arts Bldg. Corp. v. BryanCourt of Appeals of Texas · 1928
- Black v. CallowayTexas Supreme Court · 1867
- McDannell v. HorrellTexas Commission of Appeals · 1880
- Western Medical Arts Bldg. Corp. v. BryanCourt of Appeals of Texas · 1928