Franklin v. Smith
Texas Commission of Appeals
Appeal from Washington. Tried beloiv before the lion. I. B. McFarland. E. A. Franklin, the appellant, brought suit July 8, 1873, against L. Smith and R. A. Harvin, on their joint note for $1,000, payable one day after date to the order of the plaintiff, with ten per. cent, interest from 1st September, 1872, dated June 26th of same year.
Read the full summary
Appeal from Washington. Tried beloiv before the lion. I. B. McFarland. E. A. Franklin, the appellant, brought suit July 8, 1873, against L. Smith and R. A. Harvin, on their joint note for $1,000, payable one day after date to the order of the plaintiff, with ten per. cent, interest from 1st September, 1872, dated June 26th of same year. The defendants answered, and at a subsequent term of the court amended their several answers by a joint answer, whereby they withdrew their plea of general denial, and distinctly state that they rely on their plea of failure of consideration; and, amending…
1Opinion of the CourtWalker, P. J.
We will consider the first assignment of error, viz., that the court erred in overruling plaintiff’s exceptions to defendants’ answer. As has been seen, the exceptions were overruled only so far as they related to the defense of a failure of consideration. The answer setting up that as a defense, alleged that the plaintiff, being the inventor and patentee of divers enumerated useful and valuable articles, had, before the execution of the note sued on, conveyed to a certain joint stock company the right and *232proprietorship of said patent right; that said stock company consisted of six shares,…
2Cases cited4 opinions
- Mims v. MitchellTexas Supreme Court · 1846
- Thompson v. CallisonTexas Supreme Court · 1864
- Vaughan v. StateTexas Supreme Court · 1858
- King v. BremondTexas Supreme Court · 1860
3Cited by1 opinion
- Merriman v. Swift & Co.Court of Appeals of Texas · 1918