McGehee v. Shafer
Texas Supreme Court
Appeal from Guadalupe. Charles V. Shafer, the appellee, sued Thomas G. McGehee, the appellant, to Fall Term, 18511 for assault and battery, and recovered judgment for $1,000, which judgment was affirmed, on appeal, at Austin, (November,) 1852. November 8th, 1851, the said Shafer sued Herbert S. Harvey for an assault and battery.
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Appeal from Guadalupe. Charles V. Shafer, the appellee, sued Thomas G. McGehee, the appellant, to Fall Term, 18511 for assault and battery, and recovered judgment for $1,000, which judgment was affirmed, on appeal, at Austin, (November,) 1852. November 8th, 1851, the said Shafer sued Herbert S. Harvey for an assault and battery. Shafer brought this suit, December 23rd, 1852, to enjoin the judgment against him, alleging that the latter suit was for the same trespass, and that the said Shafer, on the 6tli day of October, 1852, accepted and received of the said Herbert S. Harvey, a note executed…
1Opinion of the CourtWheeler, J.
It is admitted, that, though a party may bring several actions and recover several judgments against joint trespassers, he can have but one satisfaction. - But where x a party relies on an accord and satisfaction, in bar of an action, or in discharge of a judgment, he must show that the accord was fully executed ; for it is well settled that an accord, alone, not executed, is no bar to a pre-existing demand. (Chit. on Con. 760, 7 Am. 3rd Lond. Edit. 2 Greenl. Ev. Sec. 30.) The only point of controversy has been, whether an accord, with a tender of satisfaction, is sufficient, without…
2Cited by16 opinions
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- Ferguson-McKinney Dry Goods Co. v. GarrettTexas Commission of Appeals · 1923
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