Cloud v. Smith
Texas Supreme Court
Appeal from Brazoria. This suit was brought at the spring term, 1843, of the district court of Brazoria county, by the appellees against the appellant, to recover an alleged balance due on an open account.
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Appeal from Brazoria. This suit was brought at the spring term, 1843, of the district court of Brazoria county, by the appellees against the appellant, to recover an alleged balance due on an open account. The dealings between the parties seem to have been commenced in 1840, and to have been finally closed in December, 1842. In the appellees’ account for 1840, there is an item of $239.74, charged as the amount of Morgan L. Smith’s account against the appellant, transferred to them. At the close of the year 1840, the appellees, after giving the appellant credit to the extent of the payments…
1Opinion of the CourtLipscomb, J.
The appellees brought suit against the appellant to recover the sum, of eight hv/nd/red cmd eighteen dollars and ninety-seven cents, with legal i/nterest thereon from the first day of January, 181(3, until paid, d/ae by an open account for goods, wares, etc. There is no statement of facts, and no bill of exceptions sent up in the record; the account, such as merchants usually mate out, is appended to the petition and may be considered as a part of the record of the case. Several points have been made by the appellants, but most of them are unsupported by the record. If all the evidence had…
2Cited by2 opinions
- Close v. FieldsTexas Supreme Court · 1847
- Morris & Morris v. FilesTexas Supreme Court · 1874