Stuart Bros. v. Altman
Court of Appeals of Texas
Appeal from Presidio. Tried below before Hon. C. N. Buckler. 1. The court erred in its general charge in submitting to the jury the question as to whether or not Stuart Bros, were interested in the defense of the criminal cases pending in New Mexico, and the question as to whether or not Stuart Bros, agreed to pay their pro rata share for defending said suits, there being no pleading and no evidence warranting the submission of such an issue to the jury; and the court erred…
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Appeal from Presidio. Tried below before Hon. C. N. Buckler. 1. The court erred in its general charge in submitting to the jury the question as to whether or not Stuart Bros, were interested in the defense of the criminal cases pending in New Mexico, and the question as to whether or not Stuart Bros, agreed to pay their pro rata share for defending said suits, there being no pleading and no evidence warranting the submission of such an issue to the jury; and the court erred in the same paragraph of its charge in authorizing the jury to find in favor of defendant if they believed that. Stuart…
1Opinion of the Court
FLY, Associate Justice.
This suit was instituted by the firm of Stuart Bros, against J. W. Cooper and R. P. Altman, for the purpose of recovering the sum of $1263.69 alleged to be due them by reason of a payment made by them on a judgment recovered on a note signed by appellants, appellees, and one E. L. Reynolds, it being claimed by appellants that they signed the note as sureties. This was the sole issue in the case. The note prima facie indicated that all the signers were principals. After the institution of this suit, D. W. Stuart, one of the firm, died, and upon suggestion of his death,…
2Cases cited5 opinions
- Parks v. CaudleTexas Supreme Court · 1882
- Harrell v. HoustonTexas Supreme Court · 1886
- Glover v. ThomasCourt of Appeals of Texas · 1889
- Wilcox v. . CorwinNew York Court of Appeals · 1889
- Bennett & Lockwood v. FraryTexas Supreme Court · 1881
3Cited by5 opinions
- Bay View Brewing Co. v. GrubbWashington Supreme Court · 1903
- Shivel Stewart v. Greer Bros.Court of Appeals of Texas · 1909
- McKelvy v. GugenheimCourt of Appeals of Texas · 1919
- Shepherd v. MottCourt of Appeals of Texas · 1914
- Finch v. McClellanIndiana Court of Appeals · 1921