Scherer v. Upton
Texas Supreme Court
Error from Colorado. The case was tried before Hon. Benjamin Shropshire, one of the district judges. The note was declared on as lost, but a copy was annexed, with an affidavit of its loss.
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Error from Colorado. The case was tried before Hon. Benjamin Shropshire, one of the district judges. The note was declared on as lost, but a copy was annexed, with an affidavit of its loss. The defendants demurred, pleaded the general issue, failure of consideration, and in reconvention, for that the note was given for the hire of a negro for one year, that the negro ran away and took refuge with his mistress about the last of May, whereby the defendants lost seven months’ services and were damaged $700, in consequence of the concealment, refusal to deliver, &e., by the mistress. The proof…
1Opinion of the CourtLindsay, J.
—In suits upon lost notes or bonds the rules of evidence recognized by the common law and in equity have not been changed by the statutes of this state, except in the case of recorded instruments, private instruments, filed in the office of some alcalde or judge of Texas previous to the 1st Monday in February, 1837, and instruments or notes filed in some suit brought upon them in some other court of the state: in all of which cases certified copies are constituted original evidence. In all other respects the rules of evidence in regard to them continue the same, both in equity and at the…
2Cited by2 opinions
- Mauricio v. Mendez, Texas Court of Appeals, 4th District (San Antonio)1987
- Texas Employers' Ins. Ass'n v. MarsdenCourt of Appeals of Texas · 1937