Hueske v. C. E. Broussard & Co.
Texas Supreme Court
Appeal from. Washington. Tried below before the Hon. I.B. McFarland. Suit by appellee against John Shackey and 0. Hueske.
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Appeal from. Washington. Tried below before the Hon. I.B. McFarland. Suit by appellee against John Shackey and 0. Hueske. The allegations of the petition in this case are, in substance, that Wilma,n & Co. were indebted to the plaintiffs on two promissory notes, copies of which are given; that on the 13th day of January, 1870, the defendants (who are alleged to be partners), for a valuable consideration, by their written indorsements by them subscribed by their firm name of John Shackey on each of said two notes, accepted and assumed the payment thereof, and promised plaintiffs that they would…
1Opinion of the Court
Walker, P. J. Com. App.
There being no statement of facts in the record, it will be presumed that the judgment was warranted by the testimony; and all presumptions are in favor of the verdict. Neither is there a bill of exceptions; and the only question which may be revised on this appeal is, whether the plaintiffs’ petition afforded a sufficient basis to support the judgment.. If evidence might have been offered under the allegations of the petition, to warrant a judgment for the plaintiffs, it will, for the purposes of this appeal, be intended that it was adduced on the trial, and that the…
2Cases cited1 opinion
- Cook v. SouthwickTexas Supreme Court · 1853
3Cited by9 opinions
- Humble Oil & Refining Co. v. MullicanTexas Supreme Court · 1946
- Page v. White Sewing Machine Co.Court of Appeals of Texas · 1896
- Holmes v. First National BankNebraska Supreme Court · 1893
- James Hollimon v. KargerCourt of Appeals of Texas · 1902
- Labrie v. McKimCourt of Appeals of Texas · 1909
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