Smith v. Gerlach
Texas Supreme Court
This suit was instituted for the recovery of the amount due upon a promissory note, executed by Gerlach and Levenhagen to Elisha Eloyd, and indorsed by Floyd to Smith and Janes. It is in the following words: “ Houston, August 28, 1888. “ On the first day of January, one thousand eight hundred aud forty, we promise to pay Elisha Eloyd, or order, the sum of five thousand and seventy dollars, value received. (Signed) “ Feedinand Geelaoh, “FIeney Levenha&eN.”
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This suit was instituted for the recovery of the amount due upon a promissory note, executed by Gerlach and Levenhagen to Elisha Eloyd, and indorsed by Floyd to Smith and Janes. It is in the following words: “ Houston, August 28, 1888. “ On the first day of January, one thousand eight hundred aud forty, we promise to pay Elisha Eloyd, or order, the sum of five thousand and seventy dollars, value received. (Signed) “ Feedinand Geelaoh, “FIeney Levenha&eN.” At the trial a jury was waived, and judgment rendered by the court in favor of the plaintiff for the amount of the note and interest. A few…
1Opinion of the Court
Hr. Justice "Wheblee
delivered the opinion of the court.
Suit was brought by the plaintiffs as indorsees of Elisha Eloyd, upon the promissory note of the defendants, for the payment to him, Floyd, of five thousand and seventy dollars.
Judgment was rendered for the plaintiffs for only half the amount expressed in the face of the note, that being the alleged value of the nominal amount of the note in the promissory notes of the government. The plaintiffs excepted to the opinion of the court, and the defendants appealed, but neither party took any further steps to bring, up the cause for revision.
Su…
2Cases cited4 opinions
- Inhabitants of Shirley v. Inhabitants of LunenburgMassachusetts Supreme Judicial Court · 1814
- Cheek v. RogersTexas Supreme Court · 1846
- Bernard v. JohnstonCourt of Appeals of Kentucky · 1814
- Jameson v. ColburnSupreme Court of Alabama · 1832
3Cited by29 opinions
- Gunn v. CavanaughTexas Supreme Court · 1965
- in Re Sustainable Texas Oyster Resource Management, L.L.C.Texas Supreme Court · 2019
- Smith v. SmithTexas Supreme Court · 1976
- Jernigan v. Jernigan, Texas Court of Appeals, 5th District (Dallas)1984
- United States Fidelity & Guaranty Co. v. FossatiTexas Supreme Court · 1904
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