Pridgen v. McLean
Texas Supreme Court
Error from Houston. Harvey W. Hill, James and William J. McLean, alleged to compose the firm of Hill, McLean & Co., sued the appellent, alleging that on the 20th of April, 1848, the said defendant drew his certain draft in favor of a third person upon the plaintiffs, commission merchants residing and doing business in Hew Orleans, in the State of Louisiana, for a certain amount, due the first day of March, 1849, which was accepted and paid by them at maturity without funds…
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Error from Houston. Harvey W. Hill, James and William J. McLean, alleged to compose the firm of Hill, McLean & Co., sued the appellent, alleging that on the 20th of April, 1848, the said defendant drew his certain draft in favor of a third person upon the plaintiffs, commission merchants residing and doing business in Hew Orleans, in the State of Louisiana, for a certain amount, due the first day of March, 1849, which was accepted and paid by them at maturity without funds of the defendant. Similar allegations as to a draft dated Oct. 18th, 1848, due January 4th, 1849. Alleged also a sale of.…
1Opinion of the CourtWheeler, J.
The evidence establishes a mutual account current between the parties, running down to the 24th of May, 1849. This suit was commenced on the 14th of May, 1851. Consequently two years from the date of the last item in the account current had not elapsed at the time of bringing the suit; and the action was not barred by the statute. (Pridgen v. Hill, Supra.) The defendant therefore can have sustained no injury by reason of the error in the charge complained of. It is not perceived that there was any error committed by the Court in the general charge, or in the ruling upon the instruction asked,…
2Cited by9 opinions
- Pecos & N. T. Ry. Co. v. PorterCourt of Appeals of Texas · 1913
- Rabb v. RogersTexas Supreme Court · 1887
- Baker v. Gulf, C. & S. F. Ry. Co.Court of Appeals of Texas · 1916
- Austin v. Jackson Trust & Savings BankCourt of Appeals of Texas · 1910
- Thompson v. SwearenginTexas Supreme Court · 1878
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