Houston & Texas Central Railroad v. Chandler
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. E. B. Turner. Suit was brought by the Houston and Texas Central Railroad Company, appellant, against Chandler, appellee, to recover the sum of §1,000, and interest, alleged to have been due as a subscription, in the nature of a bonus, to induce the appellant to construct its railroad to the city of Austin by the 1st of January, 1872. Chandler pleaded the general issue and non est facium.
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Appeal from Travis. Tried below before the Hon. E. B. Turner. Suit was brought by the Houston and Texas Central Railroad Company, appellant, against Chandler, appellee, to recover the sum of §1,000, and interest, alleged to have been due as a subscription, in the nature of a bonus, to induce the appellant to construct its railroad to the city of Austin by the 1st of January, 1872. Chandler pleaded the general issue and non est facium. A jury was waived, and on the trial of the cause the court, upon the objection of appellee, excluded the subscription list, and being thus excluded from the…
1Opinion of the Court
Gould, Associate Justice.
The effect of the sworn plea of non est factum was to require the plaintiff to prove the execution of the subscription list sued on as at common law. (Brashear v. Martin, 25 Tex., 203.)
There being no subscribing witness to this instrument, and it being conceded that the signature of defendant was not in his handwriting, it was competent to show that the defendant “ spoke and acted in a way that amounted to an acknowledgment” that the instrument was his act, and that it was fairly inferable that it was executed by his authority. (Hill v. Scales, 7 Yerg., 410; Sigfried…
2Cases cited3 opinions
- Brock v. JonesTexas Supreme Court · 1856
- Hall v. PhelpsNew York Supreme Court · 1807
- Mapes v. Leal's HeirsTexas Supreme Court · 1864
3Cited by11 opinions
- Scott v. Fort Worth Nat. BankCourt of Appeals of Texas · 1939
- Eddy v. BosleyCourt of Appeals of Texas · 1903
- Gulf, C. S. F. Ry. v. James B. CharlesCourt of Appeals of Texas · 1914
- Norman v. Safway Products, Inc.Court of Appeals of Texas · 1966
- Sealy Cotton Co. v. Gustafson & Spencer, Inc.Court of Appeals of Texas · 1923
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