Flack v. Neill
Texas Supreme Court
xIppsal from Guadalupe. Tried below before the Hon. A. W. Terrell. This suit was instituted by B. D. Flack in his lifetime against the appellee, upon the promissory note of the latter for the sum Of $416 52, dated February 12th, 1853, and due the 1st of January, 1854. B. D. Flack having died, the suit proceeded in the name of his administrator.
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xIppsal from Guadalupe. Tried below before the Hon. A. W. Terrell. This suit was instituted by B. D. Flack in his lifetime against the appellee, upon the promissory note of the latter for the sum Of $416 52, dated February 12th, 1853, and due the 1st of January, 1854. B. D. Flack having died, the suit proceeded in the name of his administrator. Besides a general denial, the defendant pleaded specially that the note was obtained from him by the false and fraudulent representations of B. D. Flack. The defendant, in 1844, was appointed administrator upon the estate of Charles S. Smith, deceased,…
1Opinion of the CourtBell, J.
We are of opinion that the charge of the court below to the jury was as favorable to the plaintiff as the circumstances of the case warranted; and that the only question presented by the record which is worthy of any consideration, arises upon the bill of exception to the refusal of the court below to rule out from the consideration of the jury a portion of the deposition of R. A. Rutherford. The plaintiff objected to the admission of so much of one of the depositions of the witness Rutherford as stated the terms of a conversation between himself and the deceased, R. D. Flack, in relation to…
2Cited by11 opinions
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- Colman v. HeidenreichIndiana Supreme Court · 1978
- Hurley v. McMillanCourt of Appeals of Texas · 1954
- Moyers v. FogartySupreme Court of Iowa · 1909
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