Hutchinson v. Underwood
Texas Supreme Court
Error from Gonzales. Tried below before the Hon. Fielding: Jones. This suit was brought by A. Underwood, the defendant in error, against C. Y. Hutchinson and Virginia A. Hutchinson his* wife, the plaintiffs in error, on a note executed by them jointly. The petition alleged that the consideration of the note sued on, was necessaries furnished Virginia A..
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Error from Gonzales. Tried below before the Hon. Fielding: Jones. This suit was brought by A. Underwood, the defendant in error, against C. Y. Hutchinson and Virginia A. Hutchinson his* wife, the plaintiffs in error, on a note executed by them jointly. The petition alleged that the consideration of the note sued on, was necessaries furnished Virginia A.. Hutchinson at her request, for herself and children, and for the benefit of hér separate property; that C. Y. Hutchinson her husband, was insolvent, and there' was no community property; and prayed for execution against the separate property…
1Opinion of the CourtMoore, J.
In this case the jury were instructed by the court, if they “ believed that the consideration of the note sued on, was articles suitable for and necessary for the family, and children, and the separate property of Mrs. Hutchinson, and bought at her request,” they should find a verdict against her; and also, “you should find in your verdict whether the note was given for articles for the use of the family.” The jury in response to this charge, returned the following verdict: “ We, the jury, find for the plaintiff the amount of the note sued on; also, that the articles were for the use of the…
2Cases cited2 opinions
- Magee v. WhiteTexas Supreme Court · 1859
- Brown v. EctorTexas Supreme Court · 1857
3Cited by5 opinions
- Scott v. Fort Worth Nat. BankCourt of Appeals of Texas · 1939
- Harris v. WilliamsTexas Supreme Court · 1875
- Rhodes v. GibbsTexas Supreme Court · 1873
- Flannery v. ChidgeyCourt of Appeals of Texas · 1903
- Gossard v. LeaCourt of Appeals of Texas · 1893