Zacharie v. Bryan
Texas Supreme Court
This suit was instituted by the appellant to recover from the defendant the amount of a draft which he had received by indorsement. The draft was drawn in New Orleans on the-26th of January, 1836, by Edward Hall as purchasing agent of the republic of Texas, upon the defendant as general agent of the republic, and accepted by him as agent.
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This suit was instituted by the appellant to recover from the defendant the amount of a draft which he had received by indorsement. The draft was drawn in New Orleans on the-26th of January, 1836, by Edward Hall as purchasing agent of the republic of Texas, upon the defendant as general agent of the republic, and accepted by him as agent. The plaintiff in his original petition declared against Bryan as acceptor, in his individual capacity, as well as agent; but afterwards amended his petition by leave of the court, and in which amendment he charged him with being personally liable, because…
1Opinion of the CourtJustice Lipscomb
It is contended in this court that the court below erred in giving judgment on the exceptions and general demurrer to the plaintiff’s petition, after the cause had been once put to the jury, subsequent to their being filed. It is certainly out of the *277usual order of tbe court to put questions of fact to the jury before the exceptions or general demurrer had beeu disposed of, and after verdict a reviewing tribunal would be apt to look upon such pleas as having been waived. This, however, may be one reason influencing the court to set aside the verdict, ascertaining that these pleas had been…
2Cited by7 opinions
- Mathonican v. Scott & BaldwinTexas Supreme Court · 1894
- Friedman-Shelby Shoe Co. v. DavidsonCourt of Appeals of Texas · 1916
- Allen v. Pannell ex rel. NolandTexas Supreme Court · 1879
- Alford v. KilgoreCourt of Appeals of Texas · 1878
- Lyle v. HarrisCourt of Appeals of Texas · 1880
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