Reed v. Roark
Texas Supreme Court
Appeal from Panola. Suit by the appellee against the appellant. The petition alleged, and made part thereof, a receipt of the defendant to plaintiff, dated in 1836, for certain claims, for collection, and an endorsement thereon in 1850, acknowledging-$150 to be due thereon, with interest since October 1,1836. The defendant answered under oath, admitting that he had endorsed on the receipt an “ acknowledgment of a certain amount of money due thereon to the plaintiff,” but…
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Appeal from Panola. Suit by the appellee against the appellant. The petition alleged, and made part thereof, a receipt of the defendant to plaintiff, dated in 1836, for certain claims, for collection, and an endorsement thereon in 1850, acknowledging-$150 to be due thereon, with interest since October 1,1836. The defendant answered under oath, admitting that he had endorsed on the receipt an “ acknowledgment of a certain amount of money due thereon to the plaintiff,” but alleging that he made the endorsement in pencil; that “ the endorsement now upon the said receipt is in ink,” and that he…
1Opinion of the CourtWheeler, J.
The defendant pleaded, under oath, admitting the making of the note in pencil, but denying the making of it by writing with ink. The Court sustained exceptions to the plea. A note in pencil is valid while legible. (Chit. on Bills, 126-7.) It is not averred that the note in question had become illegible; and there can be no such intendment in favor of the plea. The note, being admitted to have been made in pencil, is to be taken to have been a valid note ; and there being no other alteration than the making in ink what was before in pencil, that was not an alteration of the note in any…
2Cited by11 opinions
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- Craig v. WismarIllinois Supreme Court · 1923
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