Hunter, Evans & Co. v. Lanius
Texas Supreme Court
The opinion states the case.
1Opinion of the Court
TARLTON, Judge,
Section B.—This suit was instituted August 26, 1886, by Hunter, Evans & Co., against Phil. Lanius, Powell Cole, J. B. Morgan, and A. V. Winter. Appellants sought to recover the principal sum of $2315.06, alleged to be due on a promissory note for that sum executed by defendants to the order of plaintiffs, dated December 26, 1885, and payable August 1, 1886.
The defendant Powell Cole having died intestate, February 22,1886, the suit was at the October term of the court dismissed as to him. October 16, 1886, appellants properly presented to B. T. Hewett, one of the appellees, who…
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