McFarland v. Wofford
Texas Supreme Court
Error from Fannin. Tried before the Hon. William S. Todd. Wofford denied under oath the existence of the partnership alleged in the petition, and the execution of the note by him or by his authority.
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Error from Fannin. Tried before the Hon. William S. Todd. Wofford denied under oath the existence of the partnership alleged in the petition, and the execution of the note by him or by his authority. The evidence was as follows : Plaintiff first called Calvin Witty, who stated on oath that he was well acquainted with the defendants; that in the spring of 1853 he had several conversations with the defendant Wofford ; that Wofford told him that he had entered or was about to enter into arrangements with the defendant Hamill to sell goods at Lowell’s Bluff, in Fannin County ; that Hamill was to…
1Opinion of the CourtLipscomb, J.
This suit was brought against the defendants on the following promissory note, viz :
$2,851 85-100.
Philadelphia, Sept/2nd, 1853.
Six months after date, the subscriber, resident in Elizabeth, County of Fannin, State of Texas, promises to pay to the order of McFarland, Evans & Co., twenty-three hundred and fifty-one dollars 85-100, without defalcation ; value received.
(Signed,)
A. M. HAMILL.
The petition alleges, that at the time the note was given John Wofford was a partner with Hamill, doing mercantile business with him, under the firm style of A. M. Hamill. Wof*610ford denies the existence of any…
2Cited by2 opinions
- P. J. Willis & Bro. v. MorrisonTexas Supreme Court · 1875
- Williams v. State ex rel. VasmerTexas Supreme Court · 1887