Rogers v. Broadnax
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Fielding Jones. This was a suit by Byrd R. Rogers against Robert Broadnax, on two promissory notes, under seal, in the ordinary form; one of them for $4000, and the other for $5000. The defendant answered by a general denial, and set up special matters as a defence; the plaintiff demurred to the special answers, which need not be here set forth, and his demurrer was overruled.
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Appeal from Gonzales. Tried below before the Hon. Fielding Jones. This was a suit by Byrd R. Rogers against Robert Broadnax, on two promissory notes, under seal, in the ordinary form; one of them for $4000, and the other for $5000. The defendant answered by a general denial, and set up special matters as a defence; the plaintiff demurred to the special answers, which need not be here set forth, and his demurrer was overruled. The plaintiff introduced in evidence the notes sued on; the defendant introduced a written agreement between Broadnax and William Means, the payee of the notes, which…
1Opinion of the CourtRoberts, J.
The suit is founded on two notes under seal, dated 13th of December, 1854, payable 1st January, 1856, to Means, and by him immediately assigned to Wooten and Clark, and by them, after maturity, assigned to Rogers.
In one aspect, Broadnax’s answer presents a good defence to these notes, and therefore the court did not err in overruling the exceptions to it; that is, that Means had in 1853, sold him the tract of land, and they had entered into a written agreement, stipulating that none of the purchase-money, except $6300, should be paid by Broadnax, until Means should have the title of Quarles,…
2Cited by11 opinions
- Patton v. RuckerTexas Supreme Court · 1867
- Supreme Council of A. L. of H. v. AndersonTexas Supreme Court · 1884
- Brooke v. StruthersMichigan Supreme Court · 1896
- Davis v. WhiteCourt of Appeals of Texas · 1918
- Gresham v. ChambersTexas Supreme Court · 1891
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