Fromme v. Kaylor
Texas Supreme Court
Appeal from Goliad. The case was tried before Hon. J. J. Holt, one of the district judges. As the case really turned upon the liability of the drawer, in the absence of proof that the draft was ever presented or dishonored, it is only necessary to add to what the chief justice has, said a copy of the draft. It read as follows: “ Brownsville, March 9,1863. “ Messrs.
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Appeal from Goliad. The case was tried before Hon. J. J. Holt, one of the district judges. As the case really turned upon the liability of the drawer, in the absence of proof that the draft was ever presented or dishonored, it is only necessary to add to what the chief justice has, said a copy of the draft. It read as follows: “ Brownsville, March 9,1863. “ Messrs. Huberick & Richers, Alleyton, “ Will please deliver to the order of Augustus Fromme one thousand six hundred and eighty-two pounds (1,682) of cotton out of the lot of cotton in your hands for my account, same quantity of cotton…
1Opinion of the CourtMorrill, C. J.
On the9th March, 1863, the parties had a settlement, when Kaylor was indebted to Fromme in the sum of $1,437 53, whereupon Kaylor gave Fromme a draft on Droege & Co. for $1,017 06, and an order or draft on Huberick & Richers, of Alleyton, for one thousand six hundred and eighty-two pounds of cotton, valued at $420 47.
Fromme instituted suit, founded on the cotton order, alleging the presentment of same to the drawees, and their *756reply that the drawers had nothing in their hands to pay,, and claiming $420 47.
Kaylor’s answer asserts that the order was not presented; that the cotton was in the…
2Cited by1 opinion
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