McAlpin v. Ziller
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. Thomas H. DuVal. Suit by appellants, who were merchants in New Orleans, against appellee for $249 12, for goods sold and delivered, April 13th, 1853. Pleas of general denial and payment to B. F. Hill, the agent of the plaintiffs. The plaintiffs proved the sale and delivery of the goods, the order therefor coming through B. F. Hill, whom the witness for plaintiffs called the agent of the defendant.
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Appeal from Travis. Tried below before the Hon. Thomas H. DuVal. Suit by appellants, who were merchants in New Orleans, against appellee for $249 12, for goods sold and delivered, April 13th, 1853. Pleas of general denial and payment to B. F. Hill, the agent of the plaintiffs. The plaintiffs proved the sale and delivery of the goods, the order therefor coming through B. F. Hill, whom the witness for plaintiffs called the agent of the defendant. Plaintiffs’ witness stated that the goods had never been paid for. S. G-. Sneed, defendant’s witness, testified that he was present when Hill…
1Opinion of the CourtWheeler, J.
The answers of the witness Hill, to questions propounded to him' touching the' receipt he had given, were obnoxious to both the objections taken to the deposition. The questions were leading; and proposed to prove by parol the contents of a writing. To prove that the receipt was a “ receipt in full” for “ goods” &c., was certainly proving its contents. But the receipt itself was afterwards produced in evidence ; and thus the deposition of the witness was superseded, and rendered wholly immaterial.
The objection to the introduction of the receipt, was, that a proper foundation for its admission…
2Cited by11 opinions
- International & Great Northern Railway Co. v. DalwighTexas Supreme Court · 1899
- San Angelo Water, Light & Power Co. v. BaughCourt of Appeals of Texas · 1925
- Tompkins MacHinery & Implement Co. v. Peter & SherrillTexas Supreme Court · 1892
- Houston E. & W. T. R. Co. v. JonesCourt of Appeals of Texas · 1927
- Chicago Art Co. v. ThackerWest Virginia Supreme Court · 1909
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