Worsham v. Stevens
Texas Supreme Court
Error from Cooke. Tried below before the Hon. F. E. Finer. On December 19, 1885, J. R. Stevens filed in the district court of Cooke county, against W. B. Worsham, a petition upon a promissory note, upon the face of which there appeared to be due inclusive of attorney’s fees, $5,827.69. The note was signed W. B. Worsham, was dated April 18, 1884, and payable April 18, 1885, to the order of J. R. Stevens, and was in the usual form, with the exception of the following…
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Error from Cooke. Tried below before the Hon. F. E. Finer. On December 19, 1885, J. R. Stevens filed in the district court of Cooke county, against W. B. Worsham, a petition upon a promissory note, upon the face of which there appeared to be due inclusive of attorney’s fees, $5,827.69. The note was signed W. B. Worsham, was dated April 18, 1884, and payable April 18, 1885, to the order of J. R. Stevens, and was in the usual form, with the exception of the following provision: “In ease of the non-payment of the above note at maturity, I hereby authorize any licensed attorney-at-law to appear…
1Opinion of the Court
Robertson, Associate Justice.
Two contracts made by the defendant were embraced in the instrument in suit, one to pay money, and the other authorizing any attorney to confess judgment if the money should not be paid. The- plaintiff’s remedy upon the pecuniary obligation has not been impaired by the act of March 18, 1885. The value of the defendant’s promise to pay money-has not been, in legal contemplation, injuriously affected by the destruction of the remedy contracted for. The obligation to pay is still enforcible by judgment, precisely as when the contract was made. But the means of…
2Cases cited2 opinions
- Mason v. HaileSupreme Court of the United States · 1827
- Handy v. Chatfield & HardawayNew York Supreme Court · 1840
3Cited by9 opinions
- In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
- Scott v. District Court of the Fifth Judicial DistrictNorth Dakota Supreme Court · 1906
- Bernard Gloeckler Co. v. Baker Co.Court of Appeals of Texas · 1932
- State ex rel. Brown v. McPeakNebraska Supreme Court · 1891
- Barton v. ConleySupreme Judicial Court of Maine · 1921
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