Leigh v. Linthecum
Texas Supreme Court
Error from Busk. The case was tried before Hon. Charles A. Frazer, one of the district judges. This suit was brought by the plaintiff in error against the defendant in error, upon a note executed by the latter to the former, on the 8th February, 1841, and upon a supposed acknowledgment of the justice of and promise to pay the claim, made on 15th March, 1854. The suit was instituted on 1st March, 1858. The acknowledgment relied on to take the claim out of the statute of…
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Error from Busk. The case was tried before Hon. Charles A. Frazer, one of the district judges. This suit was brought by the plaintiff in error against the defendant in error, upon a note executed by the latter to the former, on the 8th February, 1841, and upon a supposed acknowledgment of the justice of and promise to pay the claim, made on 15th March, 1854. The suit was instituted on 1st March, 1858. The acknowledgment relied on to take the claim out of the statute of limitation was contained in a letter writte'n by the defendant to one James J. Peters, and is in the) Allowing language, viz…
1Opinion of the CourtDonley, J.
This action may be held as being founded on the letter of the 15th of March, 1854, the note of 1841 constituting the consideration for the promise contained in the letter, (Coles v. Kelsey, 2 Tex., 541-552,) and the plaintiff must recover, if at all, upon the promise contained in that letter. The letter contains an offer to adjust the matter when the defendant should see the attorney of the plaintiff’, to whom the letter is addressed, and a promise to pay whatever is due on the note; the defendant claiming that he held a set-off against the note for cotton and for hauling. In the view we take…
2Cases cited3 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- President of the Bank of Alabama v. SimontonTexas Supreme Court · 1847
- Hehn v. HehnSupreme Court of Pennsylvania · 1854
3Cited by5 opinions
- Krueger v. KruegerTexas Supreme Court · 1890
- Lange v. CaruthersTexas Supreme Court · 1888
- Wright v. Farmers National BankCourt of Appeals of Texas · 1903
- Robertson v. WarrenCourt of Appeals of Texas · 1907
- Rappmund v. ZaiontzCourt of Appeals of Texas · 1940