Whitlock v. Castro
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. Suit by the appellant and James Kellogg, mercantile partners, under the firm and style of John W. Whitlock & Co., against the appellee, on three several promissory notes of the following tenor: $1,770 97. New York, April 5th, 1851. Eight months after date, I promise to pay to the order of Jno.
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Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. Suit by the appellant and James Kellogg, mercantile partners, under the firm and style of John W. Whitlock & Co., against the appellee, on three several promissory notes of the following tenor: $1,770 97. New York, April 5th, 1851. Eight months after date, I promise to pay to the order of Jno. W. Whitlock & Co., with current rate of exchange on New York, seventeen hundred and seventy T9^ dollars, at office of Commercial and Agricultural Bank of Texas, in New Orleans, value received. H. Castro. $1,238 13. New York, April 5th,…
1Opinion of the CourtRoberts, J.
The court charged the jury, that plaintiffs, Whitlock & Co., were not entitled to recover any interest on the notes sued on. This charge was calculated to control the verdict to the amount of twelve or fifteen hundred dollars ; and the question is, was it erroneous, under the circumstances. It was given, doubtless, on the assumed fact, that the notes were not made, or were not payable, in Texas. The petition showed that the two large notes, were made in “ New York,” and payable “ at “office of Commercial and Agricultural Bank of Texas, in New “Orleans, (in 1851 and 1852.) These words, “New…
2Cases cited1 opinion
- Able v. McMurrayTexas Supreme Court · 1853
3Cited by6 opinions
- Norris v. W. C. Belcher Land Mortgage Co.Texas Supreme Court · 1904
- Queen Ins. v. Galveston, H. & S. A. Ry. Co.Texas Commission of Appeals · 1927
- McCane v. StateCourt of Criminal Appeals of Texas · 1894
- Edgar v. Galveston City Co.Texas Supreme Court · 1877
- C. Yale, Jr., & Co. v. Ward'sTexas Supreme Court · 1867
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