Legal Opinion
Petty v. Fleishel
Texas Supreme Court
Decided April 15, 1868PublishedCited by 4 opinions
Error from Smith. The case was tried before Hon. Reuben A. Reeves, one of the district judges. The contract is sufficiently set out in the opinion of the court. The defendant having made default, judgment was rendered against the defendant for $461 56. The defendant prosecuted error.
1Opinion of the CourtLatimer, J.
—This is a suit based upon a note for four hundred and nine T6^-, in currency. Judgment by default.
Defendants contend that as the word dollars was not mentioned in the note, although the pleadings alleged the mistake in its omission, yet, as there was no jury, this could not be proved.
The note as copied is as follows:
“$409 68 cents. By the 1st day of April I promise to pay Fleishel & Smith, or bearer, four hundred and nine T6^-, in currency, for value received. L. F. Petty.
“ Starville, Texas, January 19, 1866.”
The note, beginning with “ $409 68” cents and proceeding with a promise to pay “…
2Cited by4 opinions
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