Ellett v. Britton
Texas Supreme Court
Error from Bowie. The note sued on was expressed in the following terms, viz: WASHINGTON, March 31 st, 1845. On the first day of June next, I promise to pay Benjamin L. Britton, or order, one hundred and seventy-four dollars, for value received, which, when paid, will be in full of a judgment obtained by W. W. Williams, in the Hemp-stead County Court, against ÍT. K. Ellett, the 8th October, 1841. WM. ELLETT.
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Error from Bowie. The note sued on was expressed in the following terms, viz: WASHINGTON, March 31 st, 1845. On the first day of June next, I promise to pay Benjamin L. Britton, or order, one hundred and seventy-four dollars, for value received, which, when paid, will be in full of a judgment obtained by W. W. Williams, in the Hemp-stead County Court, against ÍT. K. Ellett, the 8th October, 1841. WM. ELLETT. The record of the judgment referred to in the note was introduced in evidence, and it appeared that, after some ineffectual efforts at collection, a writ of execution, by order of B. L,…
1Opinion of the Court
HumpiiilIj, Cu. J.
I shall not stop to inquire whether the note sued' on might not be regarded as an original undertaking. If it be considered as a collateral engagement it will be in an attitude more favorable to the defendant, as it will then present a question of great importance, and which lias not been heretofore adjudicated in this State; and that is, whether tlie note or agreement, having no consideration expressed therein, is void, or whether the consideration, as was done in tins case, may be proven by parol.
Tlie. clause of the statute out of which this question arises may be…
2Cases cited2 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- D'Wolf v. RabaudSupreme Court of the United States · 1828
3Cited by9 opinions
- Thomas v. HammondTexas Supreme Court · 1877
- Simpson v. GreenTexas Commission of Appeals · 1921
- Fulton v. RobinsonTexas Supreme Court · 1881
- Botello v. Misener-Collins CompanyTexas Supreme Court · 1971
- Black v. HanzCourt of Appeals of Texas · 1912
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