Gautier v. Franklin
Texas Supreme Court
Writ of Error from Brazoria County. This action was instituted on the first day of February, 1845, on two promissory notes, one of which became due on the 1st day of April, 1838, and the other on the first day of January, 1839. On the first was indorsed a credit of one hundred dollars, received on the 17th day of August, 1838; on the other were indorsed several credits, one on the 27th of December, 1839, and the others, during the year 1840. The defendant pleaded the statute…
Read the full summary
Writ of Error from Brazoria County. This action was instituted on the first day of February, 1845, on two promissory notes, one of which became due on the 1st day of April, 1838, and the other on the first day of January, 1839. On the first was indorsed a credit of one hundred dollars, received on the 17th day of August, 1838; on the other were indorsed several credits, one on the 27th of December, 1839, and the others, during the year 1840. The defendant pleaded the statute of limitations of this country. He further pleaded that the notes were executed in Florida, one of the United States of…
1Opinion of the CourtHemiuiill, C. J.
There are two points presented by the record for consideration.
1st. Was the action barred by the laws of Florida?
2d. Was it barred by the laws of Texas?
The first arises from the pleadings and the facts as agreed upon by the parties, and the second is distinctly presented by the pleadings and the facts apparent on the notes themselves.
The effect of the limitation law of the territory of Florida upon the action was the only question discussed in the court below, and to which the attention of the court was alone directed; and we shall proceed to consider whether there was error in the judgment…
2Cases cited7 opinions
- Patterson v. United StatesSupreme Court of the United States · 1817
- Watts v. Waddle Ex Rel. LeonardSupreme Court of the United States · 1832
- Slacum v. PomerySupreme Court of the United States · 1810
- Ross v. DuvalSupreme Court of the United States · 1839
- Garland v. DavisSupreme Court of the United States · 1846
2 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- S.V. v. R.V.Texas Supreme Court · 1996
- Sherman v. SipperTexas Supreme Court · 1941
- Goldfrank, Frank & Co. v. YoungTexas Supreme Court · 1885
- American Star Energy and Minerals Corporation v. Richard "dick" Stowers, Richard W. Stowers, Frank K. Stowers and Linda Sue JasurdaTexas Supreme Court · 2015
- Grigsby v. PeakTexas Supreme Court · 1882
41 more not listed; retrieve them via the Exa API.