Etter v. Dugan
Texas Commission of Appeals
Appeal from Grayson. Tried below before the Hon. J. M. Lindsay. January 17,1874, Dugan brought' suit in the district court of Grayson county against H. A, Parrish (administrator of the estate of J. D. Fenet) and G. M. Etter and J. D. Fenet, upon a promissory note of date July 30, 1872, payable to the order of plaintiff thirty days after date, made by the deceased, J. ¡N. Fenet, and the defendants Etter & Fenet, for $1,691.28 gold, for value received, with interest at two and…
Read the full summary
Appeal from Grayson. Tried below before the Hon. J. M. Lindsay. January 17,1874, Dugan brought' suit in the district court of Grayson county against H. A, Parrish (administrator of the estate of J. D. Fenet) and G. M. Etter and J. D. Fenet, upon a promissory note of date July 30, 1872, payable to the order of plaintiff thirty days after date, made by the deceased, J. ¡N. Fenet, and the defendants Etter & Fenet, for $1,691.28 gold, for value received, with interest at two and one-half per cent, per month after due. Several credits were acknowledged. Due presentation of the claim on the 8th day…
1Opinion of the CourtA. S. Walker, J.
The answer was not required to be verified by affidavit. The note was not under seal.
2. It is evident that neither fraud, accident nor mutual mistake is alleged in the answer, nor is it in terms stated that the note was without consideration. In fact the answer shows there was a consideration, which it seeks to show had failed.
3. Eor was the contract, or any part of it, as alleged in the answer, illegal. While the attachment was subject to be discharged by the subsequent bankruptcy proceedings ..against Cummings & Carter, such contingency could not .attach to the levy of the attachment the…
2Cases cited7 opinions
- Thomas v. HammondTexas Supreme Court · 1877
- Lewis v. AlexanderTexas Supreme Court · 1879
- Merchants' Mutual Insurance v. LacroixTexas Supreme Court · 1876
- Walters v. PrestidgeTexas Supreme Court · 1867
- Norvell v. McHenryMichigan Supreme Court · 1849
2 more not listed; retrieve them via the Exa API.