Reynolds v. Skelton
Texas Supreme Court
This suit was brought by the appellee, who was plaintiff in -the court below, to recover a sum of money alleged by the; plaintiff in his petition to have been paid by him to the Bank of the State of Arkansas, as security for the defendant, Reynolds. The note of the defendant, signed by the plaintiff as security, was filed with the petition, having a receipt indorsed thereon by an. agent of the bank, showing that the same had been paid by the plaintiff.
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This suit was brought by the appellee, who was plaintiff in -the court below, to recover a sum of money alleged by the; plaintiff in his petition to have been paid by him to the Bank of the State of Arkansas, as security for the defendant, Reynolds. The note of the defendant, signed by the plaintiff as security, was filed with the petition, having a receipt indorsed thereon by an. agent of the bank, showing that the same had been paid by the plaintiff. A general demurrer, together with various 'special matters, were set up in defense. There was a verdict and judgment, for the plaintiff, from…
1Opinion of the CourtJustice Lipsoomb
From there being no statement of facts sent up in this case, it is impossible to know, with certainty, whether the charge given by the judge was relevant to the issue or not, and we might .well decline investigating its correctness. But from *518the fact that there was a note filed answering to the description of the one which the plaintiff averred, in his petition, had 'been paid to him, on which there is a receipt by Harris, as agent for the bank, of the amount due on the same from the plaintiff, a liberal construction of the charge of the court may be referred to it.
The possession of this note…
2Cited by2 opinions
- American Surety Co. v. FielderCourt of Appeals of Texas · 1931
- American Surety Co. v. FielderCourt of Appeals of Texas · 1931