Legal Opinion

Foster v. Spear

Texas Supreme Court

Decided July 1, 1858PublishedCited by 2 opinions

Error from Washington. Tried below before the Hon. R. E. B. Baylor. Suit brought by the defendant in error, against the plaintiff in error, upon three promissory notes, payable to the plaintiff, as administrator of the estate of James Turner, deceased.

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Error from Washington. Tried below before the Hon. R. E. B. Baylor. Suit brought by the defendant in error, against the plaintiff in error, upon three promissory notes, payable to the plaintiff, as administrator of the estate of James Turner, deceased. The defendant set up as a defence, that the notes sued upon were given, in consideration that the said Spear would release him from the payment of a certain judgment, obtained against him by one James Turner, now deceased, in Macon county, Alabama, for the sum of-dollars; and that, at the time he executed the notes sued upon, the said Spear…

1Opinion of the CourtRoberts, J.

Defendant helow propounded interrogatories to plaintiff below, requiring him to answer whether, or not, the consideration of the notes sued on, was an agreement to release a judgment in favor of James Turner, of whose estate plaintiff helow, Spear, was the administrator. He answered not only that such was the consideration of the notes, hut, also, that the release had been executed, and that the said judgment was barred by the statute of limitations. To the latter part of this answer, the plaintiff in error, Poster, objected, as not being responsive to his question, which objection was…

2Cases cited1 opinion

  1. Graham v. StephenTexas Supreme Court · 1855

3Cited by2 opinions

  1. Burleson v. HancockTexas Supreme Court · 1866
  2. Johnson v. StateCourt of Appeals of Texas · 1877

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