Dunman v. Strother
Texas Supreme Court
Appeal from Harris County. Mr. Justice Wheeler, being sick, did not sit in this cause. The facts are fully stated in the opinion of the court. contended: 1st. That as the cause of action was for specific property, the plaintiff should have averred and proved a demand, which was not done. 2d.
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Appeal from Harris County. Mr. Justice Wheeler, being sick, did not sit in this cause. The facts are fully stated in the opinion of the court. contended: 1st. That as the cause of action was for specific property, the plaintiff should have averred and proved a demand, which was not done. 2d. That the court erred in charging the jury that money won upon a horse race was recoverable, because although all such wagers were not expressly prohibited by any law of Texas, they were clearly contrary to good policy and should not be sanctioned by the courts. He cited Thompson, Morton and Payne v. Wiley…
1Opinion of the Court
Hemphill, O. J.
This suit was brought on a written agreement, which was expressed in the following terms: “Houston, November 23, 1840. Por value received I promise to pay Walter Strother, or order, twenty good cows and calves, on or before the first day of April, 1841. (Signed) Bobeet DuNMAN.”
The petition alleges the refusal of the said Dunman to pay, although thereto often requested, and judgment is prayed for the value of the cattle. A want of consideration is pleaded by the defendant, and it is admitted by the plaintiff, in answer to an interrogatory by the adverse party, that the note was…
2Cases cited1 opinion
- Carothers v. WilkersonCourt of Appeals of Texas · 1884
3Cited by4 opinions
- Pierce v. RandolphTexas Supreme Court · 1854
- All Texas Racing Ass'n v. State Ex Rel. ShookCourt of Appeals of Texas · 1935
- Vulcan Iron Works Co. v. RoquemoreCourt of Appeals for the Fifth Circuit · 1909
- Himmelman v. PecautSupreme Court of Iowa · 1907