Short v. Abernathy
Texas Supreme Court
Appeal from Titus. Tried below before the Hon. J. D. McAdoo. Amanda M. Abernathy, joined with her husband, brought suit upon a contract made with her before her marriage against R. Short and T. J. Aikin. The contract was evidenced by two instruments, alike save in the sum, one being for one hundred dollars and one for fifty dollars.
Read the full summary
Appeal from Titus. Tried below before the Hon. J. D. McAdoo. Amanda M. Abernathy, joined with her husband, brought suit upon a contract made with her before her marriage against R. Short and T. J. Aikin. The contract was evidenced by two instruments, alike save in the sum, one being for one hundred dollars and one for fifty dollars. One is as follows : “ $100. On the 25th of December next, we or either of us promise to pay Amanda M. Moreland, or bearer, one hundred dollars for hire of Moses for the present year, to be paid in good middling cotton, delivered in Jefferson, well baled, at nine…
1Opinion of the Court
Reeves, Associate Justice.
The grounds of defense in this case arise out of a contract for the hire of a negro man slave for the year 1862. As shown by the pleadings and evidence, this man was hired by K. Heath, acting as agent for the payee in the notes, now Mrs. Abernathy, one of the plaintiffs, to appellant, Short, who,-with T. J. Akin and "W. J. Flinn, executed the notes described in the petition, stating that the notes were given for the hire of said negro man, and stipulating that the notes—one for §100 and the other for §50—were to be paid in good middling cotton, delivered in…
2Cases cited3 opinions
- Thorington v. SmithSupreme Court of the United States · 1869
- Baker v. ToddTexas Supreme Court · 1851
- Chevallier v. BufordTexas Supreme Court · 1846
3Cited by13 opinions
- Lewis v. AlexanderTexas Supreme Court · 1879
- Bummel v. Mayor, Aldermen & Inhabitants of HoustonTexas Supreme Court · 1887
- Corbett v. SayersCourt of Appeals of Texas · 1902
- Meyers v. DittmarTexas Supreme Court · 1877
- First National Bank v. LynchCourt of Appeals of Texas · 1894
8 more not listed; retrieve them via the Exa API.