Forrest v. Rawlings
Texas Supreme Court
Appeal from Ellis. Tried below before the Hon. Hardin Hart. The draft sued on was for $500, drawn by Forrest, in favor of Rawlings, dated February 24,1869, directed to W. C. Richards, of Ellis county, Texas, and payable at sight.
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Appeal from Ellis. Tried below before the Hon. Hardin Hart. The draft sued on was for $500, drawn by Forrest, in favor of Rawlings, dated February 24,1869, directed to W. C. Richards, of Ellis county, Texas, and payable at sight. The petition was not filed until the twenty-second of July, 1870. It alleged a presentation of the draft to Richards, for payment, on the first of March, 1869, and that he failed and refused to pay it; but that after-wards, on the eleventh of March, 1870, he made a partial payment on it of two hundred and forty dollars. Ho notice of non-payment was alleged to have…
1Opinion of the CourtOgden, J.
Taking the certified statement of facts presented in the record of this cause as a true and correct statement of all the material evidence produced on the trial, we do not hesitate to say that the judgment is contrary to the law and the evidence, and that the court erred in overruling the motion for a new trial. The suit was brought on a certain draft, which was set out and made a part of the petition; but the statement of facts contains no such draft, and no evidence that such a draft ever existed ; nor, indeed, does it contain any evidence whatever of any indebtedness or liability of…
2Cases cited1 opinion
- Carson v. Russell & SchottTexas Supreme Court · 1863