Thompson v. Houston
Texas Supreme Court
Appeal from Leon. The case was tried before Hon. 2L H. Davis, one of the district judges. The plaintiff declared on a note in these words: “ Twelve months after the conclusion of a treaty of peace between the Confederate States and the United States, for value received, I promise to pay Michael McCrate one hundred and fifty dollars, with ten per cent, per annum from date till paid. “Leon County, Texas, March 28,1864. “Forbes J. Houston.”
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Appeal from Leon. The case was tried before Hon. 2L H. Davis, one of the district judges. The plaintiff declared on a note in these words: “ Twelve months after the conclusion of a treaty of peace between the Confederate States and the United States, for value received, I promise to pay Michael McCrate one hundred and fifty dollars, with ten per cent, per annum from date till paid. “Leon County, Texas, March 28,1864. “Forbes J. Houston.” And he declared that “the same had long since been due and unpaid,” &c. The court sustained a special exception to the petition, and gave judgment to the…
1Opinion of the CourtMorrill, C. J.
—Suit founded on an instrument calling *611for $150, payable twelve months after a treaty of peace between the Confederate States and the United States.
There is no distinct allegation that the treaty has been made, except inferentially by the charge of non-payment, though the time for payment had long since passed.
The defendant’s answer puts in issue the existence of the transaction upon which the payment depended.
Courts judicially know the public statutes and general laws and customs of their own country. (1 Greenl. on Ev., § 5.)
We know of no such treaty as the one referred to; at least no such…
2Cited by6 opinions
- Terrell v. MiddletonTexas Supreme Court · 1916
- Houston Lighting & Power Co. v. JenkinsCourt of Appeals of Texas · 1928
- Fox v. WoodsTexas Supreme Court · 1871
- Atcheson v. ScottTexas Supreme Court · 1879
- Knight v. McReynoldsTexas Supreme Court · 1873
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