Carter v. Eames
Texas Supreme Court
Appeal from Walker. Tried below before the Hon. J. R. Burnett. This suit was filed in the District Court of Walker county on the 24th February, 1874. The suit is founded on a nonnegotiable note executed by Carter and wife payable to “ W. H. Crawford, agent of Thomas B. Bodley.” The original petition declares upon this note in the name of D. W. Eames, as one indorsed in blank by Bodley, the payee.
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Appeal from Walker. Tried below before the Hon. J. R. Burnett. This suit was filed in the District Court of Walker county on the 24th February, 1874. The suit is founded on a nonnegotiable note executed by Carter and wife payable to “ W. H. Crawford, agent of Thomas B. Bodley.” The original petition declares upon this note in the name of D. W. Eames, as one indorsed in blank by Bodley, the payee. The petition also sets up a mortgage upon a mill and machinery, which was executed to secure the payment of the note, and is made an exhibit to the petition, and a judgment is asked upon the note and…
1Opinion of the Court
Roberts, Chief Justice.
The appellee obtained a judgment upon the obligation sued on against J. J. Carter, and against J. J. Carter and wife, on the mortgages given by them upon certain mill machinery, for which the obligation was given, and upon a tract of land in Trinity county.
The defendants below pleaded the general denial and failure of consideration, but offered no evidence whatever in support of it. Mrs. Carter pleaded her coverture, and for that reason no judgment was rendered against her for money but only for the foreclosure of the mortgages, which she had signed with her husband and…
2Cited by22 opinions
- Loper v. RobinsonTexas Supreme Court · 1881
- Dillard v. NCNB Texas National BankCourt of Appeals of Texas · 1991
- Curlee Clothing Co. v. WickliffeTexas Supreme Court · 1936
- Galveston, H. & S. A. R. R. Co. v. DelahuntyTexas Supreme Court · 1880
- International & G. N. Ry. Co. v. ParkeCourt of Appeals of Texas · 1914
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