Daniel v. Henry
Texas Supreme Court
Error from Cherokee. The case was tried before Hon. Reuben A. Reeves, one of the district judges. Henry sued Daniel on the following instrument: “$250 00. By the first day of April next we, or either of us, promise to pay M. W. Henry, or bearer, the sum of two hundred and fifty dollars, for value received of him this the 6th day of March, 1857. The condition of the above note is this: That M. "W. Henry has this day paid James Ferguson two hundred and fifty dollars, on a…
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Error from Cherokee. The case was tried before Hon. Reuben A. Reeves, one of the district judges. Henry sued Daniel on the following instrument: “$250 00. By the first day of April next we, or either of us, promise to pay M. W. Henry, or bearer, the sum of two hundred and fifty dollars, for value received of him this the 6th day of March, 1857. The condition of the above note is this: That M. "W. Henry has this day paid James Ferguson two hundred and fifty dollars, on a compromise of a suit, wherein James Ferguson is plaintiff and Henry is defendant; and,if said suit should not be dismissed,…
1Opinion of the CourtCoke, J.
The rulings of the court in this case were correct on all the points raised by the assignments of error, except that portion of the instruction to the jury which directed them to find ten per cent, interest on the amount of the note sued on, which is believed to be erroneous. The contract of the parties is defined by the instrument, and their intention must be deduced from a fair construction of its terms. By the terms of the note sued on, upon the happening of one certain event, to wit, the dismissal by Ferguson of his suit against Henry, the makers of the note were to pay ten per cent, for…
2Cited by2 opinions
- Vineyard v. McCombsTexas Supreme Court · 1907
- Vogel v. AllenTexas Supreme Court · 1929