Pope v. Hays
Texas Supreme Court
Error from Cherokee. Tried below before the Hon. John H. Reagan. Suit by defendants in error against plaintiffs in error, on a note signed by the defendants payable to Allen A. Cameron, or bearer, and assigned to plaintiffs.
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Error from Cherokee. Tried below before the Hon. John H. Reagan. Suit by defendants in error against plaintiffs in error, on a note signed by the defendants payable to Allen A. Cameron, or bearer, and assigned to plaintiffs. Answer as stated in the Opinion, with this addition, that it was alleged that the note sued on was assigned by Cameron to the plaintiffs, as collateral security for the payment of other notes of Pope & Cameron, due plaintiffs, which were then in suit in same Court, and for no other consideration ; and that plaintiffs had notice of the failure of the consideration, as…
1Opinion of the Court
Hemphill, Ch. J.
The only important question in the case is, whether there was error in sustaining the exceptions to the pleas of defendants, among which was one that set up failure of consideration in the note sued upon. This was set up in the original and the two amended answers, and in such a mass of pleading it is somewhat difficult to ascertain with precision and certainty, what are the facts upon which the pleader relies—what he really intends to be the sum and substance of his defence. The defendants in their original answer, aver that the note sued on was executed by the defendants to…
2Cases cited2 opinions
- Chace v. HinmanNew York Supreme Court · 1832
- Fish v. DanaMassachusetts Supreme Judicial Court · 1813
3Cited by28 opinions
- Ingersoll-Rand Co. v. Valero Energy Corp.Texas Supreme Court · 1999
- Hernandez v. Great American Insurance Co. of New YorkTexas Supreme Court · 1971
- Adams v. First Nat. Bank of WacoCourt of Appeals of Texas · 1915
- Russell v. LemonsCourt of Appeals of Texas · 1947
- Barton v. Farmers' State BankTexas Commission of Appeals · 1925
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