Lewin v. Houston
Texas Supreme Court
Rrror from Montgomery. This was an action to recover the amount cine on a sealed note, executed by plaintiff' in error in favor of the defendant, in error. The petition was in the usual form, and was filed on tiie llt.lt December, 1S49, and the writ was served on tho 13th December, 1849. At tiie Spring Term, viz, March, 1S50, Hie defendant, demurred generally, and pleaded also a general denial.
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Rrror from Montgomery. This was an action to recover the amount cine on a sealed note, executed by plaintiff' in error in favor of the defendant, in error. The petition was in the usual form, and was filed on tiie llt.lt December, 1S49, and the writ was served on tho 13th December, 1849. At tiie Spring Term, viz, March, 1S50, Hie defendant, demurred generally, and pleaded also a general denial. At the Fall Term, 1S50, lie filed an amended answer, and set up for defense a fail uro of consideration, but did not support His plea by affidavit, in conformity with tiie statute. To this tiie…
1Opinion of the Court
IHaiPirmr,, Cn. J.
What are the facts on which it is asked that this judgment be reversed? Tlie defendant was sued on a plain sealed note, and tlie citation was served nearly three mouths before tlie first succeeding' term of the court. He had ample time to employ counsel and instruct them in his defense; and if any such ground of defense as failure of consideration existed in fact, it should have been pleaded in the original answer, ltwasas we.ll known lo the defendant then as it could ever be in future. Instead of pursuing this tlie. only proper course of defense, he pleaded at tlie first…
2Cited by6 opinions
- Tarrant Savings Association v. Lucky Homes, Inc.Texas Supreme Court · 1965
- Lipscomb v. PerryTexas Supreme Court · 1906
- Texas Mut. Life Ins. Ass'n v. WilsonCourt of Appeals of Texas · 1929
- El Paso Electric Railway Co. v. GalliherCourt of Appeals of Texas · 1903
- Lindley v. Nunn & BlakeneyCourt of Appeals of Texas · 1897
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