Lee v. Yandell
Texas Supreme Court
Appeal from Nolan. Tried below before the Hon. Wm. Kennedy. This suit was brought by appellant against Yandell, appellee, and W. A. Gray and A. M. Waldrup, on a promissory note, joint and- several upon its face, but which it was alleged in the answer that Gray and Waldrup signed as sureties. The answer alleged that Yandell was non compos mentis when the noté was made and that there was no consideration therefor.
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Appeal from Nolan. Tried below before the Hon. Wm. Kennedy. This suit was brought by appellant against Yandell, appellee, and W. A. Gray and A. M. Waldrup, on a promissory note, joint and- several upon its face, but which it was alleged in the answer that Gray and Waldrup signed as sureties. The answer alleged that Yandell was non compos mentis when the noté was made and that there was no consideration therefor. An attachment was levied on some sheep belonging to Waldrup, which he alleged was procured through malice. He claimed actual damages in a large sum. Verdict for all defendants and for…
1Opinion of the Court
Maltbie, Judge.
There is no evidence in the record tending . to show that the note was given for a larger amount than was, upon settlement of the partnership, found to be due. And the submission of such a proposition was, in our opinion, calculated to prejudice the jury against the plaintiff; and, although there was no finding in response to this charge, it may have operated to plaintiff’s disadvantage on other issues.
The third charge is as follows:
“If you find from the evidence that the defendant Yandell, at the time he signed the note sued on, was of unsound mind to such an extent as to be…
2Cases cited5 opinions
- Wood v. ChambersTexas Supreme Court · 1857
- Gallagher v. BowieTexas Supreme Court · 1886
- Davis v. StattsIndiana Supreme Court · 1873
- State v. OrwigSupreme Court of Iowa · 1869
- Farquhar v. DallasTexas Supreme Court · 1857
3Cited by13 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. KizziahTexas Supreme Court · 1893
- Hale v. BarnesCourt of Appeals of Texas · 1913
- Burner v. NutterWest Virginia Supreme Court · 1915
- Lewis v. Farmers' & Mechanics' Nat. Bank of Ft. WorthCourt of Appeals of Texas · 1918
- Zurn v. MitchellCourt of Appeals of Texas · 1917
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