Gilder v. McIntyre
Texas Supreme Court
Error from Washington. The case was tried before Hon. Egbert E. B. Baylor, one of the district judges. McIntyre sued for the use of Chappell, and stated that he “ is the owner and holder of a certain promissory note, made and executed for a valuable consideration by A. J. Gilder and John G. Knapp, of said county, which said note is substantially as follows, to wit: [Here followed a copy of the promise by the makers, “to pay Hugh C. McIntyre, guardian of Sarah McIntyre.”]…
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Error from Washington. The case was tried before Hon. Egbert E. B. Baylor, one of the district judges. McIntyre sued for the use of Chappell, and stated that he “ is the owner and holder of a certain promissory note, made and executed for a valuable consideration by A. J. Gilder and John G. Knapp, of said county, which said note is substantially as follows, to wit: [Here followed a copy of the promise by the makers, “to pay Hugh C. McIntyre, guardian of Sarah McIntyre.”] There was no allegation connecting Chappell with the note. Ho answers appear in the record, hut it is recited that “the…
1Opinion of the CourtSmith, J.
The defendant in error instituted this suit upon a note alleged to have been “made and executed by A. J. Gilder and John G. Knapp,” and of which he is the “ owner and holder.”
The judgment recites the fact that the defendants below withdrew their pleas and made no further defense to the *91plaintiff’s cause of action. Judgment was rendered in favor of the plaintiff for $351 40,- and the defendant, Gilder, brings the cause here by writ of error, and contends that there was error in the proceedings below, in that the petition does not designate the person to whom the note was “made and executed.”
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2Cases cited3 opinions
- Malone v. CraigTexas Supreme Court · 1858
- Storey v. NicholsTexas Supreme Court · 1858
- Blount v. RalstonTexas Supreme Court · 1857
3Cited by15 opinions
- Mullen v. RobertsTexas Supreme Court · 1968
- Graves v. Cameron, Castles & StoreyTexas Supreme Court · 1890
- Spivey v. Saner-Ragley Lumber Co.Texas Commission of Appeals · 1926
- Wilson v. SimpsonTexas Supreme Court · 1891
- Roberts v. MullenCourt of Appeals of Texas · 1967
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