McClelland v. Smith
Texas Supreme Court
— Appeal from Shelby County. Case stated in the opinion of the court. cited the following authorities: 1 Star-kie’s Ev. pp. 414,418, 419, 421; Chittv on Bills, 9th Am. from 8th London ed. 579; Arch. Cr. PI. 3d Am. ed. 101; 13 Johns. 486; 5 Johns. B. pp. 1, 29; 1 Leach. 227; 1 Chi tty’s PL 7th Am. ed. 334, 14, 519; 10 Johns. B. p. 133; 1 Starkie, 413; 2 Starkie, 149. cited: 1 Chi tty PI. 331, 336, 341; 1 Greenl. Ev. 126, 127, 133, 137; 1 Phil. Ev. 208.
1Opinion of the CourtJustice Lipscomb
Judge Wheeler not sitting.
This suit was brought on two notes described in the plaintiff’s petition, as follows, that is to say: “ The first was described as a “ certain instrument in writing, commonly called a promissory note, and now in court to be produced by him, by the name and description of J. M. Smith, subscribed, promised petitioner by the name and description of Sam’l K. McClel-land, to pay him or order three hundred dollars to be paid in horses and cattle; the horses at whatever price might be agreed upon, and the cattle at $10 for cows and calves, on or before the first day of…
2Cited by33 opinions
- Taylor v. MerrillTexas Supreme Court · 1885
- State Mortgage Corporation v. TraylorTexas Supreme Court · 1931
- First National Bank v. StephensonTexas Supreme Court · 1891
- Stephenville, N. & S. T. Ry. Co. v. WheatCourt of Appeals of Texas · 1914
- Goodwin v. Abilene State BankCourt of Appeals of Texas · 1927
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