Harris v. Cato
Texas Supreme Court
Error from Hill. Tried below before the Hon. H. W. Battle. Suit by defendant in error, L. W. Cato, on a promissory note, not under seal. Snead Harris, plaintiff in error, pleaded a partial failure of consideration of the note sued on. Cato excepted to the answer on the ground that it was not sworn to. The exception was sustained and there was a verdict and judgment for Cato. A writ of error was prosecuted by Harris.
1Opinion of the CourtMoore, J.
The ruling of the court in refusing the order of survey was based, no doubt, upon the supposed insufficiency of the plea impeaching the consideration of the note sued on. If the court below had regarded the plea as sufficient to put in issue the boundary of the land, in part payment of which the note was given,the order of survey would, we suppose, have been granted. It is, .therefore, only necessary for us to consider, as the case is now presented, the ruling on the exception- to- the plea of defendants *339below alleging a failure of consideration of the note on which this suit is founded.
The…
2Cited by7 opinions
- Lemmon v. HanleyTexas Supreme Court · 1866
- Unthank v. RippsteinTexas Supreme Court · 1964
- Tolbert v. McBrideCourt of Appeals of Texas · 1889
- Panhandle & S. F. Ry. Co. v. FittsCourt of Appeals of Texas · 1916
- Davidson v. GibsonTexas Commission of Appeals · 1885
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