City Water Works v. White
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. A. S. Walker-Suit instituted by the appellee, on a promissory note, in the following words: “ $6,000. Austin, Texas, April 15, 1882. “ Six months after date we promise to pay to the order of G. W. White, at First ¡National ¡Bank, Austin, Texas, $6,000, with interest at ten per cent, per annum from date until paid, and all costs and expenses there may be in collecting this note, and ten per cent, attorney’s fees if placed in the…
Read the full summary
Appeal from Travis. Tried below before the Hon. A. S. Walker-Suit instituted by the appellee, on a promissory note, in the following words: “ $6,000. Austin, Texas, April 15, 1882. “ Six months after date we promise to pay to the order of G. W. White, at First ¡National ¡Bank, Austin, Texas, $6,000, with interest at ten per cent, per annum from date until paid, and all costs and expenses there may be in collecting this note, and ten per cent, attorney’s fees if placed in the hands of an attorney for collection after maturity, interest payable monthly, on the 15th of each, month, at the office…
1Opinion of the Court
Stayton, Associate Justice.—
All the material questions in this case depend on whether it was necessary that the pleadings of the defendant, seeking to set up the want of authority in the persons who executed the instrument sued on, should be sworn to; for if this was necessary the court did not err in sustaining the plaintiff’s exceptions to so much of the defendant’s answer, not sworn to, as sought to make that issue; nor did it err in excluding evidence offered for the purpose of showing such want of authority.
There are certain defenses which the' statute requires to be made by pleading…
2Cases cited5 opinions
- A. May & Co. v. PollardTexas Supreme Court · 1866
- Reid v. ReidTexas Supreme Court · 1854
- Prince v. ThompsonTexas Supreme Court · 1858
- Ferguson v. WoodTexas Supreme Court · 1859
- Lewis v. LoweryTexas Supreme Court · 1869
3Cited by18 opinions
- Thomason v. BerryTexas Commission of Appeals · 1925
- Winer v. Bank of BlythevilleSupreme Court of Arkansas · 1909
- S. A. & A. P. R'y Co. v. WilsonCourt of Appeals of Texas · 1892
- Hoxie v. Farmers & Mechanics National BankCourt of Appeals of Texas · 1899
- McVeigh v. International Travelers Assur. Co.Court of Appeals of Texas · 1936
13 more not listed; retrieve them via the Exa API.