Carothers v. Thorp
Texas Supreme Court
Appeal from Matagorda. Tried below before Hon. J. H. Bell. On the 15th of January, 1853, the appellant, with Royall & Selkirk as his securities, executed three notes in favor of John L. Thorp or order, all to fall due on the 1st of January, 1856; one was for $137 50, for the hire of a negro boy named Taswell; the second for one hundred dollars for the rent of some cleared land ; and the third for $125 00, for the hire of a negro, woman named Bridget.
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Appeal from Matagorda. Tried below before Hon. J. H. Bell. On the 15th of January, 1853, the appellant, with Royall & Selkirk as his securities, executed three notes in favor of John L. Thorp or order, all to fall due on the 1st of January, 1856; one was for $137 50, for the hire of a negro boy named Taswell; the second for one hundred dollars for the rent of some cleared land ; and the third for $125 00, for the hire of a negro, woman named Bridget. Said land and negroes were rented and hired for the year 1855. On the 1st of September, Thorp, the appellee, sued the appellant and his…
1Opinion of the CourtWheeler, J.
The limit which the decisions of this Court have assigned to the right to plead in recenvention in our practice is, that the matter pleaded, or the damages claimed, must have grown out of, or be in some way connected with or incidental to the main action. (Egery v. Power, 5 Tex. R.. 501; Walcott v. Hendrick, 6 Id. 406 ; Cannon v. Hemphill, 7 Id. 184.)
The notes sued on and mentioned in the answer evidence-several contracts. It is not averred that they are parts of one and the same agreement; nor does it appear by the answer, that they had any necessary connexion or dependency. If not; if they…
2Cited by15 opinions
- Dees v. ThompsonCourt of Appeals of Texas · 1914
- Scale v. TompkinsTexas Supreme Court · 1884
- Riddle v. McKinneyTexas Supreme Court · 1886
- Oscar v. SackvilleCourt of Appeals of Texas · 1923
- Brooks Tire Machine Co. v. ShieldsCourt of Appeals of Texas · 1908
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