Salinas v. Wright
Texas Supreme Court
Error from Cameron. The defendant in error brought suit against the plaintiff in error, averring that the latter was indebted to him in the sum of one hundred and forty-eight dollars ; for that, “ on the sixth day of September, 1850, the said “ Miguel Salinas executed his certain promissory note, where- “ in and whereby he promised to pay the petitioner the said “ sum of one hundred and forty-eight dollars for value received ; all of which will more folly appear from the…
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Error from Cameron. The defendant in error brought suit against the plaintiff in error, averring that the latter was indebted to him in the sum of one hundred and forty-eight dollars ; for that, “ on the sixth day of September, 1850, the said “ Miguel Salinas executed his certain promissory note, where- “ in and whereby he promised to pay the petitioner the said “ sum of one hundred and forty-eight dollars for value received ; all of which will more folly appear from the said pro- “ missory note, herewith filed and made a part of this petition, “ for further description and greater certainty…
1Opinion of the CourtWheeler, J.
The plaintiff declared as upon a promissory note, which did not specify any day of payment. The legal import of such a note is that it is payable on demand: and it is construed as if it contained these words on its face. (Story on Promissory Notes, Section 29.) But the note offered in evidence was payable “ so soon as circmstances will permit me.” This is not a promise to pay on demand. The legal effect of the note offered in evidence, therefore, was not the same as that declared on: and for this variance it should have been excluded. But it was not a promissory note, for the reason indicated…
2Cited by61 opinions
- State Ex Rel. Barry v. ConnorTexas Supreme Court · 1893
- Middlebrook Bros. v. ZappTexas Supreme Court · 1889
- Loper v. RobinsonTexas Supreme Court · 1881
- Rowlett v. LaneTexas Supreme Court · 1875
- American Exchange Nat. Bank of Dallas v. KeeleyCourt of Appeals of Texas · 1931
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