Armendiaz v. de la Serna
Texas Supreme Court
Error from Cameron. Tried below before the Hon. W. H. Russell. This is a suit on a bill of exchange for $5,016.90, drawn by the defendant at Soto de la Marina, in Mexico, on the fifteenth of June, 1865, on one Diego de la Lastra, of Tampico, in favor of Ysmael Rodriguez as agent and attorney in fact of the plaintiff.
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Error from Cameron. Tried below before the Hon. W. H. Russell. This is a suit on a bill of exchange for $5,016.90, drawn by the defendant at Soto de la Marina, in Mexico, on the fifteenth of June, 1865, on one Diego de la Lastra, of Tampico, in favor of Ysmael Rodriguez as agent and attorney in fact of the plaintiff. The case was dismissed in the court below in pursuance of its ruling sustaining two causes of special demurrer to the plaintiff’s petition and amended petition, together with his refusal to further amend. The causes of demurrer and special exception sustained, by the court are ás…
1Opinion of the CourtWalker, J.
This action is founded on a draft for $5016.95, drawn at Soto de la Marina, in Tamaulipas, Mexico, in favor of Ysmael Rodriguez, on Don Diego de la Lastra, of Tampico. The original petition was excepted to for want of protest and proper execution on stamped paper, under the laws of Mexico.
The court erred in sustaining the exception without proof of the Mexican law. The laws of foreign States must be proved.
In an amended petition the plaintiff denied the right of the defendant to notice and protest, upon the ground that she had no funds in the hands of the drawee to meet the draft, and that…
2Cases cited2 opinions
- Crosby v. HustonTexas Supreme Court · 1846
- Bryant v. KeltonTexas Supreme Court · 1846
3Cited by27 opinions
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- Coca-Cola Co. v. Harmar Bottling Co.Texas Supreme Court · 2006
- Martinez v. GutierrezTexas Commission of Appeals · 1933
- Nolan v. BettisCourt of Appeals of Texas · 1979
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