T. H. Hays & Co. v. E. M. Samuels & Sons
Texas Supreme Court
Error from Cook. Tried below before the Hon. J. M. Lindsay. E. M. Samuels & Sons brought this suit against T. H. Hays & Co. on the 19th day of October, 1874, to recover $763.50 claimed to be due by account, which was attached to and made part of the petition. The principal items of the account were acceptances in favor of divers parties, drawn by Hays & Co. on Samuels & Sons. The defense was a general denial and plea of payment.
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Error from Cook. Tried below before the Hon. J. M. Lindsay. E. M. Samuels & Sons brought this suit against T. H. Hays & Co. on the 19th day of October, 1874, to recover $763.50 claimed to be due by account, which was attached to and made part of the petition. The principal items of the account were acceptances in favor of divers parties, drawn by Hays & Co. on Samuels & Sons. The defense was a general denial and plea of payment. A trial was had July 16, 1875, which resulted in a verdict and judgment against Hays & Co. for $292.70. The assignment of errors are sufficiently manifest from the…
1Opinion of the Court
Watts, J. Com. App.
The plaintiffs in error insist that the account or bill of particulars attached to the petition, so far as it relates to the merchandise charged therein, is in contravention of articles 4611 and 4612, Paschal’s Digest, and for that reason it was error to admit evidence in support of those items. The articles referred to require that the respective times or dates of the delivery of the several articles charged in any such account shall be particularly specified. The petition, so far as it relates to the sale and delivery of the merchandise, contains the appropriate…
2Cases cited2 opinions
- McClelland v. SmithTexas Supreme Court · 1848
- A. May & Co. v. PollardTexas Supreme Court · 1866
3Cited by10 opinions
- Goodwin v. Abilene State BankCourt of Appeals of Texas · 1927
- Washington v. First National BankTexas Supreme Court · 1885
- Mynes v. MynesWest Virginia Supreme Court · 1900
- Clay-Butler Lumber Co. v. W. H. Pickering Lumber Co.Texas Commission of Appeals · 1925
- Perez v. Bank of Key WestSupreme Court of Florida · 1895
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