Swift v. Trotti
Texas Supreme Court
Error from ¡Newton. Tried below before the Hon. H. 0. Pedigo. Suit by Lydia C. Swift against John L. Trotti and others, . as administrators of the estate of George Swift, deceased, instituted March 4, 1874, on an account for $>580.GO, alleged by plaintiff to have been “loaned” by her to said decedent May 18, 1861, in his life-time, and $731.42§ interest, alleged by plaintiff to have accrued thereon, which account plaintiff averred that she presented, duly authenticated, to…
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Error from ¡Newton. Tried below before the Hon. H. 0. Pedigo. Suit by Lydia C. Swift against John L. Trotti and others, . as administrators of the estate of George Swift, deceased, instituted March 4, 1874, on an account for $>580.GO, alleged by plaintiff to have been “loaned” by her to said decedent May 18, 1861, in his life-time, and $731.42§ interest, alleged by plaintiff to have accrued thereon, which account plaintiff averred that she presented, duly authenticated, to the defendant, as administrator, &c., March 2, 1874, for allowance; that he rejected the same, and that the account…
1Opinion of the Court
Could, Associate Justice.
This suit was commenced on March 4,1874, to establish a claim against the estate of George Swift, authenticated before the clerk of the District Court of Hewton county on March 2, 1874, and ou the same day rejected by the administrator. The claim as presented was made an exhibit to the petition, and was in the form of an account for cash loaned on May 18, 1861, — S530.66, with interest at ten per cent, to date of presentation.
The petition alleged the loan at the date stated in the account, and alleged the promise of the intestate to pay on demand. An amended petition…
2Cases cited2 opinions
- Cook v. CookTexas Supreme Court · 1857
- Dean v. CrenshawTexas Supreme Court · 1877
3Cited by15 opinions
- Holmes v. BucknerTexas Supreme Court · 1886
- Heck & Baker v. MartinCourt of Appeals of Texas · 1889
- Farrar v. Edwin Bates & Co.Texas Supreme Court · 1881
- Gillette v. DavisCourt of Appeals of Texas · 1929
- Brown v. WatsonTexas Supreme Court · 1888
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