Wagoner v. Ruply
Texas Supreme Court
Appeal from Victoria. Tried below before the Hon. H. Olay Pleasants. This suit was brought by the appellant upon two promissory notes, one for fifteen hundred dollars, dated November 3, 1881, due one day after date, the other for eight hundred and fifty dollars, dated August 1, 1882, due one day after date, both payable to Virginia R. Eberly, and purporting to be signed by William Ruply.
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Appeal from Victoria. Tried below before the Hon. H. Olay Pleasants. This suit was brought by the appellant upon two promissory notes, one for fifteen hundred dollars, dated November 3, 1881, due one day after date, the other for eight hundred and fifty dollars, dated August 1, 1882, due one day after date, both payable to Virginia R. Eberly, and purporting to be signed by William Ruply. The defendants below, W. R. Ruply and Raney J. Ruply, were the son and widow of William Ruply, deceased, and were his only heirs. Defendants answered by general denial and plea of non est factum. The plea of…
1Opinion of the Court
Collard, Judge.
The first assignment of error can not be sustained. The court, over objection of the plaintiff, permitted J. M. Brownson, an expert witness for defendant, to testify that the handwriting in Miss Eberly’s letters was the same as the handwriting of the notes sued on, and that the word “hundred’" was spelled in the letters and one of the notes “hundread."’ The objection to the testimony was that there was no pleading to authorize the introduction of the evidence, and that it could not be admitted under the plea of non est factum. It is true that the authorship of the body of the…
2Cases cited3 opinions
- Kennedy v. UpshawTexas Supreme Court · 1885
- Smyth v. CaswellTexas Supreme Court · 1887
- H. & T. C. R'y Co. v. LarkinTexas Supreme Court · 1885
3Cited by10 opinions
- Ferguson v. FergusonTexas Commission of Appeals · 1930
- Yzaguirre v. StateCourt of Appeals of Texas · 1968
- Gordon v. McCallCourt of Appeals of Texas · 1899
- Tarwater v. Donley County State BankCourt of Appeals of Texas · 1925
- Gaunt v. HarknessSupreme Court of Kansas · 1894
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