Chevallier v. Buford
Texas Supreme Court
Appeal from Nacogdoches County. At the September term, 1840, Buford sued Chevallier on a promissory note of which the following is a copy: “On or before the first day of June, 1839, I promise to pay to Christopher Y. Buford, or order, the just and full sum of three bun-dred and twenty dollars in Tennessee or Alabama money or its equivalent, for value received of him, this twenty-ninth day of September, 1838. (Signed) Chaeles Ohevalliee. “Test: William M. Heeling.”
Read the full summary
Appeal from Nacogdoches County. At the September term, 1840, Buford sued Chevallier on a promissory note of which the following is a copy: “On or before the first day of June, 1839, I promise to pay to Christopher Y. Buford, or order, the just and full sum of three bun-dred and twenty dollars in Tennessee or Alabama money or its equivalent, for value received of him, this twenty-ninth day of September, 1838. (Signed) Chaeles Ohevalliee. “Test: William M. Heeling.” The defendant pleaded a failure of consideration. On the 8th of November, 1843, a verdict was rendered by the jury in favor of the…
1Opinion of the Court
"Wheeler, J.
Repeated decisions of this and the late supreme court founded on the laws of Spain, in force prior to the acts of 15th and 20th January, 1840, 4 Stat. p. 4, see. 2; id. p. 8, have settled that upon contracts made in this country prior to these statutes, the legal rate of interest was five per cent.
In computing interest at eight per cent, the judgment then is erroneous. But the appellee, having released the excess above legal interest upon the principal sum found due by the verdict, we are required to revise the judgment: and then to proceed to give such judgment as the court below…
2Cited by4 opinions
- Johnson v. KornCourt of Appeals of Texas · 1938
- Pilmer v. Branch of State BankSupreme Court of Iowa · 1864
- Short v. AbernathyTexas Supreme Court · 1874
- Patterson v. KirkpatrickCourt of Appeals of Texas · 1916