Lemmon v. Hanley
Texas Supreme Court
Appeal from Tarrant. The case was tried before Hon. Hat. M. Btjreord, one of the district 'judges. The facts of this case appear fully in the opinion of the court, by which also the. errors complained of are sufficiently indicated.
1Opinion of the CourtSmith, J.
—The appellant instituted this suit May 1, 1858, upon a promissory note purporting to have been executed by the appellees February 20, 1858, for $1,882 93, and payable, at one day, to A. J. Burk or bearer.
The defendants below plead the general denial, and also pleaded a failure of consideration and fraud in the procurement of the note.
They state that Burk had previously sold them a lot of negroes with warranty of title, and that they had sold them to different persons with warranty of title; that they each owed him a balance on the said negroes; that Burk held *222the note of J. A. Hanley for…
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