Rust v. Burke, Turner & Co.
Texas Supreme Court
Appeal from Guadalupe. Tried below before the Hon. John P. White. Suit by Burke, Turner & Co. against W. M. Rust and Joseph Zorn on a note given by Rust to Zorn, and transferred by Zorn to them. Zorn made no defense.
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Appeal from Guadalupe. Tried below before the Hon. John P. White. Suit by Burke, Turner & Co. against W. M. Rust and Joseph Zorn on a note given by Rust to Zorn, and transferred by Zorn to them. Zorn made no defense. Rust answered denying the allegations of the petition, and further as follows: “ That at the time said note went into the hands of the agent of Burke, Turner & Co., he did not owe Zorn anything, and he so informed the agent of said Burke, Turner & Co. on the very day it came into his hands; and he says further, that said nóte sued on was handed to said agent by Zorn as a…
1Opinion of the Court
Stayton, Associate Justice.
The pleading setting up counterclaim in this cause Avas very defective, and upon special exception thereto could not have been sustained, but Avas not so defective as *343to permit no defense to the action, and proof having been admitted under the same, the only question necessary to be considered arises upon the sufficiency of the proof to sustain the defense.
The note sued upon was given by Rust to Zorn, and was by him transferred .to the appellees after maturity and with notice of the claim held by the appellant against Zorn.
The counterclaim put in evidence by Rust…
2Cases cited4 opinions
- Dunn v. West & HackleyCourt of Appeals of Kentucky · 1845
- Henderson v. James Gilliam & Co.Texas Supreme Court · 1854
- Stadler Bro. & Co. v. ParmleeSupreme Court of Iowa · 1859
- Culver v. BarneyNew York Supreme Court · 1835
3Cited by5 opinions
- Seligmann v. Heller Brothers' Clothing Co.Wisconsin Supreme Court · 1887
- Patten v. Hill CountyCourt of Appeals of Texas · 1927
- Gunter v. ArmstrongCourt of Appeals of Texas · 1893
- Fleming v. StansellCourt of Appeals of Texas · 1896
- Dupree v. StateCourt of Criminal Appeals of Texas · 1909