Evans v. Bell
Texas Supreme Court
Appeal from Navarro. Tried below before the Hon. F. P. Wood. Bell sued Evans on a promissory note, and to enforce the vendor’s lien on lands for which the note was executed, of date December 13, 1871, and due in twelve months.
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Appeal from Navarro. Tried below before the Hon. F. P. Wood. Bell sued Evans on a promissory note, and to enforce the vendor’s lien on lands for which the note was executed, of date December 13, 1871, and due in twelve months. Evans pleaded in set-off a note .executed July 7, 1871, to Bell, and by him indorsed by writing at the bottom of the note Ms guaranty, as follows: “ I, W. H. Bell, do herein agree, that if the bearer fails to collect the above amount by 1st April, that I will be responsible for it. “ (Signed) W. H. Bell.” On the trial the note pleaded in setoff was excluded. Judgment…
1Opinion of the Court
Moore, Associate Justice.
The Only error assigned for the reversal of the judgment in this case is, the ruling of the court excluding from the jury the instrument described in the answer, and pleaded as an offset to appellee’s action.
It is not pretended that this instrument has any connection whatever with the demand upon which the action is brought. The answer setting it up must therefore be regarded as in the nature of a cross-action, and should contain such allegations as would entitle the defendant to a judgment if he was prosecuting a suit on it as plaintiff. (Waterman on Set-off, p. 45,…
2Cases cited5 opinions
- Cumpston v. McNairNew York Supreme Court · 1828
- Day v. ElmoreWisconsin Supreme Court · 1856
- Hart v. HudsonThe Superior Court of New York City · 1857
- Curtis v. SmallmanNew York Supreme Court · 1835
- Hammond v. ChamberlinSupreme Court of Vermont · 1854
3Cited by12 opinions
- Bitter v. County.Texas Commission of Appeals · 1928
- Pierce v. MerrillCalifornia Supreme Court · 1900
- Austin v. Guaranty State Bank of CopperasCourt of Appeals of Texas · 1927
- Slaughter v. MortonCourt of Appeals of Texas · 1916
- Johnson & Carlton v. NasworthyCourt of Appeals of Texas · 1890
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