Ney v. Rothe
Texas Supreme Court
Appeal from Medina. Tried below before the Hon. Thomas M. Paschal. The original petition in this cause was filed August 29, 1877. It was a suit by appellee against appellant upon the following note: “$2,029.09. January 1, 1875. “ One day after date I promise to pay to the order of Henry Eothe the sum of two thousand, and twenty-nine y-fy dollars, at -, value received. (Signed) “Joseph Hey.” October 4, 1877, defendant answered as follows: 1st. General denial. 2d.
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Appeal from Medina. Tried below before the Hon. Thomas M. Paschal. The original petition in this cause was filed August 29, 1877. It was a suit by appellee against appellant upon the following note: “$2,029.09. January 1, 1875. “ One day after date I promise to pay to the order of Henry Eothe the sum of two thousand, and twenty-nine y-fy dollars, at -, value received. (Signed) “Joseph Hey.” October 4, 1877, defendant answered as follows: 1st. General denial. 2d. That the note was given without consideration. 3d. That defendant has fully paid the same and had full and complete offsets thereto.…
1Opinion of the Court
Delany, J. Com. App.—
In our opinion the first assignment of error is well taken. The defendant in his answer admitted the execution of the note, but charged that it had been executed by him through mistake, and was without consideration; and further, that it had been procured by the fraudulent contrivances of the plaintiff.
Putting his admission into writing, in the language prescribed by rule 31 (47 Tex., 622), he asked that it be entered of record and that he be allowed to open and close in the conduct of the cause. This the court refused, and the defendant was compelled to take the burden…
2Cases cited2 opinions
- Holliman v. RogersTexas Supreme Court · 1851
- Sparks v. DawsonTexas Supreme Court · 1877
3Cited by10 opinions
- Binder v. MillikinCourt of Appeals of Texas · 1918
- Taber v. EylerCourt of Appeals of Texas · 1913
- Raley v. D. Sullivan & Co.Texas Commission of Appeals · 1919
- Harrison v. OrrTexas Commission of Appeals · 1928
- Ramsey v. ThomasCourt of Appeals of Texas · 1896
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