Withee v. Fearing
Texas Supreme Court
Error from Titus. Tried below before the Hon. William S. Todd. This suit was instituted on the 14th day of May, 1857, by Charles N. Fearing and Pelig Hall, the defendants in error, against the plaintiff in error, on a note of $655.99, dated the 26th day of November, 1852, due at twelve months, payable to the order of the said Withee, the maker thereof, and alleged to have been indorsed and delivered to Mallard and Armstead.
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Error from Titus. Tried below before the Hon. William S. Todd. This suit was instituted on the 14th day of May, 1857, by Charles N. Fearing and Pelig Hall, the defendants in error, against the plaintiff in error, on a note of $655.99, dated the 26th day of November, 1852, due at twelve months, payable to the order of the said Withee, the maker thereof, and alleged to have been indorsed and delivered to Mallard and Armstead. The petition alleged, that the said note was, before its maturity, transferred and assigned, by Mallard and Armstead, to Seaman, Wills & Peck, the agents of the…
1Opinion of the CourtBell, J.
We are of opinion, that there is no error in the judgment of the court below. It was not necessary, that the plaintiffs below should file their own affidavit of the loss of the note, on which the suit is founded, when they wTere able to prove the loss by a third person, in whose possession the note had been placed, and from whose possession it was alleged to have been lost.
We are of opinion, that the court did not err in ruling out the transcript of the proceedings in the attachment suit, in the District Court of New Orleans. The transcript was not offered to prove, that such a suit had been…
2Cases cited1 opinion
- Wiley v. TraiwickTexas Supreme Court · 1855
3Cited by5 opinions
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- J. Weingarten, Inc. v. GauthierCourt of Appeals of Texas · 1957
- Sanburn v. DealCourt of Appeals of Texas · 1893
- Western Mortg. & Inv. Co. v. BurfordU.S. Circuit Court for the District of Texas · 1895
- Western Mortg. & Inv. Co. v. BurfordCourt of Appeals for the Fifth Circuit · 1895