Hill v. George
Texas Supreme Court
Error from Port Bend. Suit was brought by George against Hill to recover the sum of $2,000 and damages for its detention. The petition charged that on the sixth day of January, 1837, Pattersou and Henson executed a promissory note to the defendant for $2,000, duo on the first day of January, 1838; that Hill, afterwards, on the 8lh day of July, 1837, indorsed it to George for a valuable consideration.
Read the full summary
Error from Port Bend. Suit was brought by George against Hill to recover the sum of $2,000 and damages for its detention. The petition charged that on the sixth day of January, 1837, Pattersou and Henson executed a promissory note to the defendant for $2,000, duo on the first day of January, 1838; that Hill, afterwards, on the 8lh day of July, 1837, indorsed it to George for a valuable consideration. The defendant set up as a defense to the action, “ that lie is sued as the indorser, as alleged in the plaintiff’s petition, when, by the law of Alabama, where the note was given, lie was not…
1Opinion of the Court
Cravens, S. J.
The issue in this case was materially narrowed by the pleadings. By a fair construction of the answer of the defendant and the replication of the plaintiff, it is admitted that the note was made and indorsed in the State of Alabama, and that by the law of that State it was necessary, in order to fix .the liability of the indorser, that suit should be commenced at the first term of the court after the maturity of the notes, against the makers. Tliis is asserted to have been done on the one side, and .denied upon the other; and upon this the issue was joined.
*45It was objected in the…
2Cited by22 opinions
- Phillips Petroleum Co. v. Stahl Petroleum Co.Texas Supreme Court · 1978
- Ramsey v. HurleyTexas Supreme Court · 1888
- Stovall v. Texas Co.Court of Appeals of Texas · 1924
- Hotel Dieu v. ArmendarizCourt of Appeals of Texas · 1914
- Indemnity Ins. Co. of North America v. SparraCourt of Appeals of Texas · 1932
17 more not listed; retrieve them via the Exa API.