Warren v. Smith
Texas Supreme Court
Appeal from Bell. Tried below before the Hon. N. W. Battle. Gertiorari from a justice’s court. This was a suit brought by John Smith against Henry J. Warren, an an account against him, for $27.90, as the sum of two accounts of Smith against William Royalls, for $11.61, and John Jackson for $16.29, respectively, which the defendant had assumed to pay.
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Appeal from Bell. Tried below before the Hon. N. W. Battle. Gertiorari from a justice’s court. This was a suit brought by John Smith against Henry J. Warren, an an account against him, for $27.90, as the sum of two accounts of Smith against William Royalls, for $11.61, and John Jackson for $16.29, respectively, which the defendant had assumed to pay. The plaintiff attached to his account, as an exhibit, a copy of a memorandum, containing a statement of the said accounts of Royalls and Jackson. It was proved on the trial, that Royalls and Jackson, as partners, were at work under a contract…
1Opinion of the CourtBell, J.
We are of opinion, that if there be any error in the instructions given by the court below, to the jury, it is error of which the appellant cannot be heard to complain. The evidence is not altogether as full and satisfactory in support of the claim of the appellee against the appellant, as it might be, but we cannot say that the jury were not warranted, by the evidence, in finding for the plaintiff. The position assumed by the appellant is, that the promise made by Warren to pay to Smith, the amounts due to Smith by Royalls and Jackson, was a promise to pay the debts of others; and, not being…
2Cases cited1 opinion
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