White v. Gay's Executors
Texas Supreme Court
Appeal from Washington County. Mr. Chief Justice Hemphill, in delivering the opinion of the court, gives a full statement of the facts; they are therefore not inserted here. cited the following authorities: 9 Mart. 183; 4 Mart. (H. S.) 200; 2 Story Eq. 382; Code Hap. 1100; Pothier on Sales, 584-5; Pothier on Obi. 550; 1 Domat, 69; 11 Just. Civ. Code, 451; 13 id. 49. cited oh the question of champerty, Ohit. on Con. 676; 2 Story Eq. 410; 2 Johns.
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Appeal from Washington County. Mr. Chief Justice Hemphill, in delivering the opinion of the court, gives a full statement of the facts; they are therefore not inserted here. cited the following authorities: 9 Mart. 183; 4 Mart. (H. S.) 200; 2 Story Eq. 382; Code Hap. 1100; Pothier on Sales, 584-5; Pothier on Obi. 550; 1 Domat, 69; 11 Just. Civ. Code, 451; 13 id. 49. cited oh the question of champerty, Ohit. on Con. 676; 2 Story Eq. 410; 2 Johns. Cas. 58; 2 Caine, .147; 11 Mass. 549; 4 Littell, 411; 3 Cow. 623.
1Opinion of the Court
The action was brought on a note of hand executed by Thomas Gay, in his life time. His executors filed several pleas in their answer, among which was one that the consideration for which the note was given was illegal and immoral and had wholly failed. Judgment was rendered for the plaintiff, but on motion it was set aside and a new trial granted. On the second trial the jury found a special verdict, on the submission of which to the court, judgment was given for the defendant, and from this an appeal was taken. The verdict is expressed in the following terms: “We, the jury, find the…
2Cases cited1 opinion
- State v. Orleans Navigation Co.Supreme Court of Louisiana · 1822
3Cited by4 opinions
- Miller v. LetzerichTexas Supreme Court · 1932
- Bentinck v. FranklieTexas Supreme Court · 1873
- Gonzales v. RossSupreme Court of the United States · 1887
- Courtright v. BurnesU.S. Circuit Court for the District of Western Missouri · 1881