Legal Opinion

Stevens & Andrews v. Gainesville National Bank

Texas Supreme Court

Decided November 28, 1884No. Case No. 1606PublishedCited by 17 opinions

Appeal from Cook. Tried below before the Hon. C. C. Potter. Appellee sued appellants to recover balance claimed on open account, and interest at an agreed rate of twelve per cent.

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Appeal from Cook. Tried below before the Hon. C. C. Potter. Appellee sued appellants to recover balance claimed on open account, and interest at an agreed rate of twelve per cent. The petition alleged that $19,238.96 of the account was made by a firm composed of C. F. Stevens and C. A. Andrews, with Lindsay, Hemming & Co.; that defendant assumed said account; that a part of the balance of the account was made by defendants with Lindsay, Hemming & Co., and the remainder with appellee, and that Lindsay, Hemming & Co. had transferred the account to appellee. The balance claimed on the whole…

1Opinion of the Court

Walker, P. J. Com. App.

The first error assigned is, that the court erred in admitting the checks in evidence, because there was no allegation in plaintiff’s petition under which they were admissible. The petition alleged the payment of several sums of money by the plaintiff at the instance and request of the defendants, the items whereof were shown and described in a schedule thereof, describing them as amounts paid on checks, which were briefly identified by number, or payee and date of payment. The evidence was clearly admissible.

The court did not err in admitting as evidence, check Ho.…

2Cases cited11 opinions

  1. Leggett v. . HydeNew York Court of Appeals · 1874
  2. Manhattan Brass & Manufacturing Co. v. SearsNew York Court of Appeals · 1871
  3. Brinkley v. HarkinsTexas Supreme Court · 1877
  4. Johnson v. BlountTexas Supreme Court · 1877
  5. Parker v. CanfieldSupreme Court of Connecticut · 1870

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3Cited by17 opinions

  1. Freeman v. Huttig Sash & Door Co.Texas Supreme Court · 1913
  2. Fink v. BrownTexas Commission of Appeals · 1919
  3. Waggoner v. First National BankNebraska Supreme Court · 1894
  4. Cavazos v. CavazosCourt of Appeals of Texas · 1960
  5. Texas & Pacific Railway Co. v. SmissenCourt of Appeals of Texas · 1903

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