McNeil v. McCamley
Texas Supreme Court
Appeal from Colorado. This suit was brought by the appellee against the appellants upon a promissory note made by them in favor of J. Ó. McQonigal, and by him transferred to the plaintiff. The note bore date June 30,1848, and was for the payment of six hundred dollars on the 25th day of December thereafter. The defense relied on was payment.
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Appeal from Colorado. This suit was brought by the appellee against the appellants upon a promissory note made by them in favor of J. Ó. McQonigal, and by him transferred to the plaintiff. The note bore date June 30,1848, and was for the payment of six hundred dollars on the 25th day of December thereafter. The defense relied on was payment. To establish this defense the defendants introduced the payee'of filie note, McQonigal, who testified that lie liad received a draft from the defendant McNeil, drawn on Messrs. Powell & Brigham, of Matagorda; that it was not received as a payment on the…
1Opinion of the Court
Wheeler. J.
It is evident, as well from the terms of the order as from the testimony of tlie witness, that- it was not given or received as a payment upon tlie note. It in terms recognizes McCamley as the holder of the note, and requests the drawees to pay it and credit the amount on tlie note. The payment of the order was, therefore, by its terms, to be precedent to the contemplated credit upon the note. It was neither paid nor accepted, and nothing can be more perfectly clear than that the giving of it was not a payment, nor was the order evidence of payment..An.order on a third party for…
2Cited by2 opinions
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