Jones v. Holliday
Texas Supreme Court
Appeal from Fort Bend. Holliday sued Jones on his acceptance of the following order, averring that it was given for a “ valuable consideration :” “ Mr. Jesse Jones. Please deliver to Mr. Holliday, fifteen “ bales of cotton, weighing five hundred pounds each, by the “ first of November, and oblige “ September 26th, 1851. RANDOLPH FOSTER. “Accepted. J. JONES.”
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Appeal from Fort Bend. Holliday sued Jones on his acceptance of the following order, averring that it was given for a “ valuable consideration :” “ Mr. Jesse Jones. Please deliver to Mr. Holliday, fifteen “ bales of cotton, weighing five hundred pounds each, by the “ first of November, and oblige “ September 26th, 1851. RANDOLPH FOSTER. “Accepted. J. JONES.” The defendant excepted to the petition, because it did not aver in what the alleged valuable consideration consisted ; and pleaded a general denial, and that he was but the overseer and agent of Foster; that the cotton belonged to Porter;…
1Opinion of the CourtWheeler, J.
The question is whether, to entitle the plaintiff to recover, it was necessary for him to aver and prove a consideration for the order on which the suit was brought. A consideration is essential to the validity of a simple contract, whether it be verbal or in writing. This rule applies to all contracts not under seal, with the exception of bills of exchange and negotiable notes, after they have been negotiated and passed into the hands of an innocent indorsee. (2 Kent, 464, 5th Edit.) In contracts under seal, a consideration is implied, in the solemnity of the instrument. And bills of…
2Cases cited1 opinion
- Tingley v. CutlerSupreme Court of Connecticut · 1828
3Cited by13 opinions
- Hardwicke v. Trinity Universal Ins. Co.Court of Appeals of Texas · 1935
- Unthank v. RippsteinTexas Supreme Court · 1964
- Cisco N.E. R. Co. v. RicksCourt of Appeals of Texas · 1930
- Elliott Lumber Co. v. MitchellCourt of Appeals of Texas · 1922
- Gann v. PhillipsCourt of Appeals of Texas · 1924
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