Holliman v. Rogers
Texas Supreme Court
Appeal from Liberty. This suit was brought by the appellee against the appellant on the 8lh of'August, 1S45, on two notes, under seal, for live hundred dollars each, both dated the 1st of August, 1840; one payable on the 1st day of January following, and the other on the 1st day of January, 1842, to one Elijah Erauk or bearer, and botli executed jointly by the defendant, Isaac C. O’Neil, and James II. Grace..
Read the full summary
Appeal from Liberty. This suit was brought by the appellee against the appellant on the 8lh of'August, 1S45, on two notes, under seal, for live hundred dollars each, both dated the 1st of August, 1840; one payable on the 1st day of January following, and the other on the 1st day of January, 1842, to one Elijah Erauk or bearer, and botli executed jointly by the defendant, Isaac C. O’Neil, and James II. Grace.. The defendant pleaded a general denial, the statute of limitations, and that the plaintiff liad no interest in the suit, but was the agent of the aforesaid Jamos II. Grace, iii whom the…
1Opinion of the CourtLipscomb, J.
In striking out the plea of payment “as being- defective under tlie statute,” it is presumed tlie judge liad reference to tlie second section of the act of 1840, allowing discounts and set-off. (Hart. Dig., art. 607.)
“ That in every action in which a defendant shall desire to prove any payment or set-off lie shall flic with his plea an account stating distinctly the nature of such payment or set-off, and the several items thereof, and on failure to do so lie shall not be entitled to prove before the jury such payment or set-off unless tlie same be so plainly and particularly described in the…
2Cited by33 opinions
- Faires v. CockerellTexas Supreme Court · 1895
- Fox v. KroegerTexas Supreme Court · 1931
- G. H. & S. A. R. R. v. FreemanTexas Supreme Court · 1882
- Bitter v. County.Texas Commission of Appeals · 1928
- Nelson v. San Antonio Traction CompanyTexas Supreme Court · 1915
28 more not listed; retrieve them via the Exa API.