Hanley v. Gandy
Texas Supreme Court
Appeal from Tarrant. The case was tried before Hon. Hat. M. Burford, one of the district judges. On the 9th of Hovember, 1859, the appellee, Gandy, filed his petition against Joshua S. Hanley, the appellant, both in his individual capacity and as the- administrator of J. A. Hanley, deceased, to recover the amount due upon a promissory note for $1,130 60,- purporting to have been executed by the said Hanleys to Alfred J. Burk, or bearer, on the 20th day of February, 1858. The…
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Appeal from Tarrant. The case was tried before Hon. Hat. M. Burford, one of the district judges. On the 9th of Hovember, 1859, the appellee, Gandy, filed his petition against Joshua S. Hanley, the appellant, both in his individual capacity and as the- administrator of J. A. Hanley, deceased, to recover the amount due upon a promissory note for $1,130 60,- purporting to have been executed by the said Hanleys to Alfred J. Burk, or bearer, on the 20th day of February, 1858. The defendant filed a plea of non est factum under oath. (Paschal’s Dig., Art. 1443, Hote 549.) The cause came to trial at…
1Opinion of the CourtDonley, J.
—The pleadings of the defendant having put in issue the execution of the note, the plaintiff offered to *213submit to the jury other notes and signatures of the appellant, and the deceased, J. A. Hanley, to prove by comparison the signatures to the note in controversy. The appellant objected, because the writings offered were not admitted to be genuine, were not papers connected with the cause, and that the jury should not decide by a comparison of writings. The objections were overruled, and the papers were submitted to the jury with the other evidence in the cause.
The most satisfactory…
2Cases cited6 opinions
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- Rowt's adm'x. v. Kile's adm'r.Supreme Court of Virginia · 1829
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- Farmer's Bank v. WhitehillSupreme Court of Pennsylvania · 1823
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3Cited by21 opinions
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- Campbell v. CampbellCourt of Appeals of Texas · 1919
- Williams v. CongerSupreme Court of the United States · 1888
- Joffre v. MynattCourt of Appeals of Texas · 1918
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