Ramsay v. McCauley
Texas Supreme Court
This was a suit brought in 1843 by the appellant against the appellee on two promissory notes which, from their face, appear to have been given in the state of South Carolina. They were made at “Camden,” and are payable at “the Branch Bank of the State of South Carolina.” Defendant pleaded the general issue, the statute of limitations, and payment. There was a verdict and judgment in favor of the-plaintiff, for “ principal, interest and protest.”
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This was a suit brought in 1843 by the appellant against the appellee on two promissory notes which, from their face, appear to have been given in the state of South Carolina. They were made at “Camden,” and are payable at “the Branch Bank of the State of South Carolina.” Defendant pleaded the general issue, the statute of limitations, and payment. There was a verdict and judgment in favor of the-plaintiff, for “ principal, interest and protest.” The notes appear to have been made in South Carolina. There is no proof in the record showing what was the rate of interest in that state, nor did…
1Opinion of the CourtJustice Wheelee
On the trial, of this cause the plaintiff below, McCauley,. offered in evidence a note, set out and described in his petition, signed “John Bamsey, by C. J. Shannon, attorney.”' The defendant objected to its admissibility in evidence without proof of its execution. There being no denial under oath by the defendant Bamsay of his signature to the note, the court overruled the objection. There was judgment for the plaintiff, and the defendant appealed.
Was there error in the ruling of the court? The act of 1839, 4 Stat. p. 115, provides that when suit shall have been brought upon “ any bond,…
2Cases cited1 opinion
- Cooke v. CrawfordTexas Supreme Court · 1846
3Cited by6 opinions
- Missouri Pacific Railway Co. v. HennesseyTexas Supreme Court · 1889
- City of San Antonio v. BodemanCourt of Appeals of Texas · 1914
- Baker & Terrell v. GuinnCourt of Appeals of Texas · 1893
- Dalby v. MurphyTexas Supreme Court · 1860
- Dittmar v. Alamo Nat. Co.Court of Appeals of Texas · 1936
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