Ripley v. Withee
Texas Supreme Court
Appeal from Titus. Tried below before the Hon. William S. Todd. This Was a suit by the appellee, John. W. Withee, against appellant, Ambrose Ripley, for damages which he alleged to have-Sustained by reason of an assignment of a forged bounty warrant.
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Appeal from Titus. Tried below before the Hon. William S. Todd. This Was a suit by the appellee, John. W. Withee, against appellant, Ambrose Ripley, for damages which he alleged to have-Sustained by reason of an assignment of a forged bounty warrant. Appellee pleaded the limitation of two years-. The petition was-filed the 18th day of September, 1857. The- following evidence- was introduced—“the certificate as follows, to wit: “ Republic of Texas, No. 177, L. 820. Know all men to whom these presents come, That P. W. Boggus, having served faithfully and honorably for the term of three months-…
1Opinion of the CourtMoore, J.
The judgment in this case is correct, unless the appellee’s cause of action was barred previous to the bringing-of his suit. In the case of Hallowell v. Munson, at the last Galveston Term of the court, it was decided that fraud, coupled with concealment by the defendant of the cause of action, from the plaintiffs, would suspend the running of the statute, or entitle the plaintiff to an action upon the discovery of the fraud, or at such time as he might have done so by the use of reasonable diligence. We thiffir the principle of that case applicable to this one, and decisive of it. The…
2Cited by14 opinions
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- Anding v. PerkinsTexas Supreme Court · 1867
- Steele v. GlennCourt of Appeals of Texas · 1933
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