Cooke v. Crawford
Texas Supreme Court
Appeal from Harris County. This suit was instituted in the court below by the appellee against the appellant and one Gabriel S. Cooke, who were alleged to be merchants and partners formerly, etc. The suit was on a promissory note in the following words: “ $402.70. « Phila., 21st March, 1836. “ Six months after date we promise to pay to the order of J. & B. Orne, four hundred two 70-100 dollars, without defalcation, value received. Wm.
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Appeal from Harris County. This suit was instituted in the court below by the appellee against the appellant and one Gabriel S. Cooke, who were alleged to be merchants and partners formerly, etc. The suit was on a promissory note in the following words: “ $402.70. « Phila., 21st March, 1836. “ Six months after date we promise to pay to the order of J. & B. Orne, four hundred two 70-100 dollars, without defalcation, value received. Wm. Cooke & Co.” The petition alleged that at the city of Philadelphia, to wit., in the county of Harrisburg, republic of Texas, the said W. M. Cooke and Gabriel S.…
1Opinion of the CourtLipscomb, J.
A preliminary question was presented in this case upon a motion to dismiss the cause from the docket for want of an appeal bond. On inspection, we find that the bond is properly signed and sealed, and duly attested. The objection taken is to tha omission of the names of the securities in the body of the instrument. We believe the objection is not well founded and that the bond is valid against the securities, notwithstanding the omission to insert their names in the body of the instrument — their names being subscribed by them makes it binding — the motion to dismiss was therefore overruled.
Th…
2Cited by4 opinions
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