Prince v. Thompson
Texas Supreme Court
Appeal from Smith. Tried below before Hon. R. A. Reeves. Suit upon a note, under the signature of which was a memorandum in the following words: “ If not punctually paid when due to draw ten per cent, interest,” which is alleged to be an agreement made at the time of the execution of the note. The appellant failing to answer a judgment by default was rendered for the amount of the note, with ten per cent, interest. Motion for new trial overruled.
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Appeal from Smith. Tried below before Hon. R. A. Reeves. Suit upon a note, under the signature of which was a memorandum in the following words: “ If not punctually paid when due to draw ten per cent, interest,” which is alleged to be an agreement made at the time of the execution of the note. The appellant failing to answer a judgment by default was rendered for the amount of the note, with ten per cent, interest. Motion for new trial overruled. There is no statement of facts or bill of exceptions. The judgment for interest at ten per cent, was assigned as error.
1Opinion of the CourtRoberts, J.
Had the petition presented the whole cause of action as a note, executed by Prince, though not signed at *481the bottom of but at a place in the instrument preceding one and the last sentence thereof, the case would have clearly come under the rule laid down in Fulshear v. Randon, (18 Tex. R. 275.) and the judgment by default would have been good.
It is stated first that Prince executed a note, which is set out, and it is then added, “ to which note is appended the following agreement, made at the time of the execution of said note: “ If not punctually paid, when due to draw ten per cent,…
2Cited by8 opinions
- City Water Works v. WhiteTexas Supreme Court · 1884
- McVeigh v. International Travelers Assur. Co.Court of Appeals of Texas · 1936
- San Antonio Paper Co. v. MorganCourt of Appeals of Texas · 1932
- Sessums v. HenryTexas Supreme Court · 1873
- Gothard v. SaundersCourt of Appeals of Texas · 1967
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