Washington v. First National Bank
Texas Supreme Court
Appeal from Denton. Tried below before the Hon. W. J. Austin, Special Judge. Suit by appellee against Washington, Cloud, and Sacra, as the makers of a note, and against Bollins as guarantor. The plaintiff in its pleadings alleged that the defendant, B. S. Bollins, guarantied the payment of the said note to plaintiff, by making the following written indorsement upon the back of said note, to wit: “ Payment guarantee.”
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Appeal from Denton. Tried below before the Hon. W. J. Austin, Special Judge. Suit by appellee against Washington, Cloud, and Sacra, as the makers of a note, and against Bollins as guarantor. The plaintiff in its pleadings alleged that the defendant, B. S. Bollins, guarantied the payment of the said note to plaintiff, by making the following written indorsement upon the back of said note, to wit: “ Payment guarantee.” The indorsement upon back of note sued upon and introduced in evidence was as follows: “Payment guarantee?.” After the jury had retired under the charge of the court, they…
1Opinion of the Court
Willie, Chief Justice.
The variance between the indorsement pleaded and that found on the note introduced in evidence was very slight, and not at all material. The misdescription was not such as tended to mislead or surprise the adverse party, and hence it was properly disregarded by the court. McClelland v. Smith, 3 Tex., 210; Hays v. Samuels, 55 Tex., 560.
As to the verdict, it is sufficient to say that, if the court had directed the jury to find the exact verdict which they finally rendered in the cause, it would not have been error. There was no conflict in the testimony, and no other…
2Cases cited5 opinions
- McClelland v. SmithTexas Supreme Court · 1848
- Hutchins v. WadeTexas Supreme Court · 1857
- T. H. Hays & Co. v. E. M. Samuels & SonsTexas Supreme Court · 1881
- Coles v. KelseyTexas Supreme Court · 1854
- Hagood v. AikinTexas Supreme Court · 1881
3Cited by17 opinions
- Tsesmelis v. Sinton State BankTexas Commission of Appeals · 1932
- Smith v. Mortgage & Debenture Co.Court of Appeals for the Fifth Circuit · 1900
- Elmendorf v. City of San AntonioCourt of Appeals of Texas · 1920
- Krause v. PopeTexas Supreme Court · 1890
- Manes v. J. I. Case Threshing MacH. Co.Court of Appeals of Texas · 1927
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