Thatcher v. Mills
Texas Supreme Court
Appeal from Wharton. Suit by appellees against appellant on the following draft, commenced Sept. 5th, 1852, $500. Wharton, Texas, January 1st, 1852. Thirty days after date pay to the order of B. & W. Milburn five hundred dollars. Value received. Which place to account of yours truly. THOS. THATCHER. To L. J. Latham, Houston, Texas. Endorsed without date, to appellees.
Read the full summary
Appeal from Wharton. Suit by appellees against appellant on the following draft, commenced Sept. 5th, 1852, $500. Wharton, Texas, January 1st, 1852. Thirty days after date pay to the order of B. & W. Milburn five hundred dollars. Value received. Which place to account of yours truly. THOS. THATCHER. To L. J. Latham, Houston, Texas. Endorsed without date, to appellees. The defendant, among other matters pleaded, by way of amendment, on the 1st of April, 1854, “ That the draft sued on, if ever transferred by B. & W. Mil- “ burn to plaintiffs in this-- case, was transferred long after the “ same…
1Opinion of the CourtLipscomb, J.
This is the same suit that was before us at the last Term. (11 Tex. R. 692.) It was reversed on the ground that the draft upon which the suit was brought, was not in evidence before the Jury, nor was its absence accounted for. That evidence was supplied on the last trial.
The Court, at the request of the plaintiffs’ counsel, charged the jury that notice to the drawer is not necessary, when it is shown he has no funds in the hands of the drawee. This charge was not objected to when it was asked and given, and it is too late to raise it now. By the Law Merchant, the charge was wrong; it is…
2Cited by2 opinions
- Cook v. WoottersTexas Supreme Court · 1874
- Earnest v. TaylorTexas Supreme Court · 1860