Wheeler v. Pope
Texas Supreme Court
Error from .San Augustine. In this case suit was brought by the defendant in error against the plaintiff in error on a.note payable at the house of a commercial firm in the city of New Orleans, in the State of Louisiana. The defendant, after an answer of general denial of indebtedness and payment, subsequently, by his attorney, withdrew his defense, “ and says nothing in bar or preclusion of the plaintiff’s action.”
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Error from .San Augustine. In this case suit was brought by the defendant in error against the plaintiff in error on a.note payable at the house of a commercial firm in the city of New Orleans, in the State of Louisiana. The defendant, after an answer of general denial of indebtedness and payment, subsequently, by his attorney, withdrew his defense, “ and says nothing in bar or preclusion of the plaintiff’s action.” Judgment was rendered in the following terms: “ It is therefore considered and ordered by the court that the plaintiff, Daniel N. Pope, do have and recover of Otis M. Wheeler, the…
1Opinion of the CourtLipscomb, J.
The judgment of the court below is sought to be reversed on the ground that as the note sued on was payable in the city of Hew Orleans, in the State of Louisiana, and as there was no evidence in the court below to prove the rate of interest at the place of payment, it was error to allow any interest at all. Whether interest can be allowed on a note payable at a place beyond the jurisdiction of this State, in the. absence of an allegation and proof of the rate of interest at the place of payment, is not an open question in this court. It is settled that no interest can be allowed.
But it is the…
2Cited by7 opinions
- Spivey v. Saner-Ragley Lumber Co.Texas Commission of Appeals · 1926
- Storey v. NicholsTexas Supreme Court · 1858
- Howe v. Central State Bank of ColemanCourt of Appeals of Texas · 1927
- Goss v. PilgrimTexas Supreme Court · 1866
- Grand Lodge Brotherhood of Railroad Trainmen v. WareCourt of Appeals of Texas · 1934
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