Legal Opinion

Goodman v. McGehee

Texas Supreme Court

Decided October 15, 1868PublishedCited by 2 opinions

Error from Bastrop. The case was tried before Hon. John Ireland, one of the district judges. Goodman sued McGehee on a note, dated 18th of May, 1863, due at one day after date, for $700, with interest at ten per centum per annum.

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Error from Bastrop. The case was tried before Hon. John Ireland, one of the district judges. Goodman sued McGehee on a note, dated 18th of May, 1863, due at one day after date, for $700, with interest at ten per centum per annum. The defendant pleaded that the note was given for treasury notes of the Confederate States of America, and-that they were valueless; that he after-wards tendered the full amount of said notes “in the new issue,” which the defendant refused to receive. The court charged the jury in accordance with the scaling ordinance. (Paschal’s Dig., p. 950, sec. 7.) The jury found…

1Opinion of the CourtMorrill, C. J.

—Defendant’s answer alleges that the consideration of the note was Confederate money. The testimony fully establishes the facts set forth in defendant’s, answer. The judge charged the jury that they should find the value of Confederate money at the maturity of the note and render verdict thereon.

The several exceptions to the pleadings and the orders and rulings in the district court call upon us to decide—

1. Whether the consideration, as alleged in the answer and admitted to be proved, is illegal,

2. Whether a note given for an illegal consideration is void,

3. Whether the facts set forth in…

2Cited by2 opinions

  1. Watson v. De Witt CountyCourt of Appeals of Texas · 1898
  2. Fox v. WoodsTexas Supreme Court · 1871

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