Taylor v. McNutt
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. I. B. McFarland. May 30, 1872, appellee brought this suit against L. P. Rucker as maker, on the following note: “ $312.20. On .or before the 17th day of September next, I promise to pay Mrs. Mary McNutt, or order, three hundred and twelve and Aftr dollars, with ten per cent, interest thereafter till -:—, being part payment on a quarter of a league of land bought of her on Brushy creek, in Milam county, and part of the John…
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Appeal from Washington. Tried below before the Hon. I. B. McFarland. May 30, 1872, appellee brought this suit against L. P. Rucker as maker, on the following note: “ $312.20. On .or before the 17th day of September next, I promise to pay Mrs. Mary McNutt, or order, three hundred and twelve and Aftr dollars, with ten per cent, interest thereafter till -:—, being part payment on a quarter of a league of land bought of her on Brushy creek, in Milam county, and part of the John Marshal headright survey; This August 31, 1865. (Signed) “ L. P. Rucker.” Appellant C. H. Taylor was made a party…
1Opinion of the Court
Watts, J. Com. App.
That, as a general rule, it is the duty of the court to instruct the jury upon the legal effect of written evidence, admits of no doubt, but it is also true that there are exceptions to that general rule. When the effect of the writing does not depend entirely upon the construction or meaning of its terms, but upon extrinsic facts and circumstances, then it becomes the duty of the court to submit for the consideration of the jury the instrument, together with the attending facts and circumstances adduced in evidence, with such instructions upon the legal effect of the…
2Cases cited1 opinion
- Etting v. Bank of United StatesSupreme Court of the United States · 1826
3Cited by13 opinions
- Trinity Universal Insurance Co. v. Ponsford Bros.Texas Supreme Court · 1968
- Masterson v. Amarillo Oil Co.Court of Appeals of Texas · 1923
- O'Connor v. West Sacramento Co.California Supreme Court · 1922
- Hoffer Oil Corp. v. HughesCourt of Appeals of Texas · 1929
- El Paso Electric Co. v. Safeway Stores, Inc.Court of Appeals of Texas · 1953
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