Legal Opinion

Tudor v. White

Texas Supreme Court

Decided July 1, 1864PublishedCited by 10 opinions

Appeal from Victoria. Tried below before the Hon. Fielding Jones. This case was formerly before the Supreme Court, reversed and remanded, and reported in 24 Tex. R., p. 639. The only additional evidence introduced on the second trial in the court below was the deposition of Ashworth taken the second time, the substance of which is stated in the opinion of the court on the appeal.

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Appeal from Victoria. Tried below before the Hon. Fielding Jones. This case was formerly before the Supreme Court, reversed and remanded, and reported in 24 Tex. R., p. 639. The only additional evidence introduced on the second trial in the court below was the deposition of Ashworth taken the second time, the substance of which is stated in the opinion of the court on the appeal. The plaintiff, having read in evidence the first and second set of depositions of the witness Ashworth, offered to read the note sued on. To the reading of which the defendant objected and the court sustained his…

1Opinion of the CourtMoore, J.

The note upon which this suit is founded was executed by James Ashworth, in the name of S. A. White & Co., on the 6th of September, 1852. The deposition of Ashworth in the record, when this case was before the court on a former appeal,, *585stated, that the partnership between White and himself was dissolved on the 1st of August, 1852, and that the note was given after the dissolution of the partnership, in settlement of a debt previously contracted by the firm, and while he was solely engaged in settling the partnership business. Upon this state of facts, it is incidentally remarked in the…

2Cited by10 opinions

  1. Long v. GarnettTexas Supreme Court · 1883
  2. Davis v. WillisTexas Supreme Court · 1877
  3. Lubbock Grain & Coal Co. v. FergusonCourt of Appeals of Texas · 1921
  4. Thompson v. HarmonCourt of Appeals of Texas · 1912
  5. Thompson v. HarmonTexas Commission of Appeals · 1919

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