Muckleroy v. Bethany
Texas Supreme Court
Error from Austin. 'Tried below before the Hon. James H. Bell. The defendant in error instituted this suit on the 30th day of September, 1857, against the plaintiff in error and Eli Venters, on a promissory note, set forth in the petition, in hæc verba, and which purported to be thus signed: “Eli Venters, [seal.] “ C. L. Muckleroy, [ ]” The defendant, Muckleroy, pleaded non est factum, under oath, but in his plea, admitted, that he, with his co-defendant, gave to the…
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Error from Austin. 'Tried below before the Hon. James H. Bell. The defendant in error instituted this suit on the 30th day of September, 1857, against the plaintiff in error and Eli Venters, on a promissory note, set forth in the petition, in hæc verba, and which purported to be thus signed: “Eli Venters, [seal.] “ C. L. Muckleroy, [ ]” The defendant, Muckleroy, pleaded non est factum, under oath, but in his plea, admitted, that he, with his co-defendant, gave to the plaintiff a promissory note, (setting it out in hcec verba in his plea,) but denied that he, or any one by his authority, ever…
1Opinion of the CourtRoberts, J.
The plea denying, under oath, the execution of the note, as described in the petition, shows the difference to be, that the note sued on has a scroll with the word seal written in it, opposite the name of one of the payees, and a scroll, without anything written in it, opposite that of the other defendant, who is now sued; and the note alleged and admitted by the plea to have been executed, is without any scroll or seal "of any sort.
We think the court erred in sustaining exceptions to this plea. The addition of a seal to the first name has been held to be sufficient to make it a sealed…
2Cases cited1 opinion
- Hampton v. DeanTexas Supreme Court · 1849
3Cited by5 opinions
- Langley v. OwensSupreme Court of Florida · 1906
- Tutt v. ThorntonTexas Supreme Court · 1882
- Mindell v. GoldmanMassachusetts Supreme Judicial Court · 1941
- Muckleroy v. BethanyTexas Supreme Court · 1864
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1940