McCamant v. Batsell
Texas Supreme Court
Appeal from Tarrant. Tried below before the Hon. A. J. Hood. Suit instituted on the 25th day of June, 1881, against John D. McCamant, one of the appellants, to recover $525.95, paid by appellee as surety to Tom Randolph, on a note held by him against McCamant and appellee as surety; also the sum of $547.74, paid by appellee as surety of' J. D. McCamant to Kirkpatrick & Co., and asking for a writ of attachment.
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Appeal from Tarrant. Tried below before the Hon. A. J. Hood. Suit instituted on the 25th day of June, 1881, against John D. McCamant, one of the appellants, to recover $525.95, paid by appellee as surety to Tom Randolph, on a note held by him against McCamant and appellee as surety; also the sum of $547.74, paid by appellee as surety of' J. D. McCamant to Kirkpatrick & Co., and asking for a writ of attachment. On the 25th day of June, 1881, a writ of attachment was issued, and levied the same day on the land in controversy. On the 28th day of June, 1881, T. J. McCamant, by J. D. McCamant,…
1Opinion of the Court
Stayton, Associate Justice.—
The court did not err in sustaining the exception to so much of defendant’s answer as set up that the *366note and other indebtedness which the appellee claimed to have paid as surety for the defendant McCamant was based upon a “ gambling transaction ” by the defendant in cotton futures.
The answer in this respect does not show what the real transaction xvas, nor that the plaintiff had such connection with it as to make it an unlawful transaction between them, even if such was its character between McCamant and Randolph and Kirkpatrick & Co. It states mere conclusions…
2Cases cited4 opinions
- Ah Lim v. Territory of WashingtonWashington Supreme Court · 1890
- Stringham v. Board of SupervisorsWisconsin Supreme Court · 1869
- Goodwin ex rel. Hale v. HarrisonSupreme Court of Alabama · 1844
- Whittlesey v. SpoffordTexas Supreme Court · 1877
3Cited by110 opinions
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- Gibson v. Bostick Roofing and Sheet Metal Co., Texas Court of Appeals, 8th District (El Paso)2004
- Copeland v. HuntCourt of Appeals of Texas · 1968
- Comer & Co. v. Way & EdmundsonSupreme Court of Alabama · 1894
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