Bristow v. Hall
Texas Supreme Court
Error from Upshur. Tried before the Hon. W. W. Morris. Suit by defendant in error against plaintiff in error, commenced January 12th, 1853, on a promissory note of the defendant, dated Nov. 6th, 1851, for $154, payable on or before December 25th, 1852, to plaintiff, expressed to be for value received, and “ This note is given for an assignment of an agreement given by Mr. William Phillips, for land in Upshur County, Texas.”
Read the full summary
Error from Upshur. Tried before the Hon. W. W. Morris. Suit by defendant in error against plaintiff in error, commenced January 12th, 1853, on a promissory note of the defendant, dated Nov. 6th, 1851, for $154, payable on or before December 25th, 1852, to plaintiff, expressed to be for value received, and “ This note is given for an assignment of an agreement given by Mr. William Phillips, for land in Upshur County, Texas.” Plea of failure of consideration ; fraudulent representations, &c. The bond was filed as part of the answer, and offered to be restored to plaintiff. It was as follows ;…
1Opinion of the Court
Wheeler J.
It is quite too clear for doubt or controversy, that the evidence was sufficient to warrant the jury in finding, mot only that the note was without any consideration to sup*569port the promise of the defendant, but that he made the purchase in the expectation, induced by the representations of the plaintiff, that, under the contract, he would be enabled to obtain from Phillips a title to the land ; which was the inducement to the purchase; when, in truth, Phillips does not appear ever to have had any right or title to the land whatever ; or the ability to make a title. It does not…
2Cited by4 opinions
- Cooper v. AustinTexas Supreme Court · 1883
- Coleman v. SmithTexas Supreme Court · 1881
- Holland v. ThompsonCourt of Appeals of Texas · 1896
- Smith v. RussellTexas Supreme Court · 1873