Donley v. Tindall
Texas Supreme Court
Appeal from Cherokee. Tried below before the Hon. Samuel L. Earle. This suit was brought on the 7th of November, 1865, by S. P. Donley against John A. Tindall and S. E. Campbell. The cause of action was a promissory note, as follows: “ $5000. On or before the 25th day of December next, we or either of us promise to pay J. II. Brittain, or bearer, the sum of five thousand dollars, value received. Aug. 22d, 1863. “ John A. Tindall, “ S. E. Campbell, “ John Tindall.”
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Appeal from Cherokee. Tried below before the Hon. Samuel L. Earle. This suit was brought on the 7th of November, 1865, by S. P. Donley against John A. Tindall and S. E. Campbell. The cause of action was a promissory note, as follows: “ $5000. On or before the 25th day of December next, we or either of us promise to pay J. II. Brittain, or bearer, the sum of five thousand dollars, value received. Aug. 22d, 1863. “ John A. Tindall, “ S. E. Campbell, “ John Tindall.” John Tindall being dead at the institution of the suit, the other makers only were sued. The only portion of the pleadings…
1Opinion of the CourtHamilton, J.
In this and other cases now pending in this court in .which suits were brought upon written obligations for money, without specifying either coin or currency, the defense has been interposed that the real undertaking was to pay in Confederate money, or that the consideration for which the obligation was given was for the obligations of the Confederate States, usually called Confederate money. There would be no difficulty in the expression by the court of a unanimous opinion if the facts pleaded in the several cases appeared upon the obligations sued on. There is, however, a difference of *51opini…
2Cases cited1 opinion
- Phelps v. DeckerMassachusetts Supreme Judicial Court · 1813
3Cited by10 opinions
- Morrison v. City of Fort WorthTexas Supreme Court · 1941
- Baker v. BakerTexas Supreme Court · 1944
- Muhm v. DavisCourt of Appeals of Texas · 1979
- Amarillo Oil Co. v. Ranch Creek Oil & Gas Co.Court of Appeals of Texas · 1925
- Dorr v. School District No. 26Supreme Court of Arkansas · 1882
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