Dean v. Border
Texas Supreme Court
Appeal from Leon. This was a suit on two promissory notes for about $3,000 with a prayer for the enforcement of a lien to secure the same on a certain steamboat. The defendant pleaded payment, and in reconvention. Verdict for the defendant for $669 59. Motion for a new trial on grounds which appear in the Opinion.
Read the full summary
Appeal from Leon. This was a suit on two promissory notes for about $3,000 with a prayer for the enforcement of a lien to secure the same on a certain steamboat. The defendant pleaded payment, and in reconvention. Verdict for the defendant for $669 59. Motion for a new trial on grounds which appear in the Opinion. The newly discovered evidence was that defendant had admitted, after the jury retired, to the counsel of the plaintiff, whose affidavits were produced, that on a fair settlement the plaintiff would not owe him anything. Remittitur of $222 06. Motion for new trial overruled. The…
1Opinion of the CourtWheeler, J.
We are of opinion that the Court erred in *299admitting parol evidence to charge the plaintiff upon the draft on Abies, for the causes assigned in the bill of exceptions: first that the evidence did not conform to the plea, and secondly, that the draft was not produced, nor was notice given to the plaintiff to produce it. The only description given of the draft, in the defendant’s pleading, was in the specification of items of payment annexed to the plea ; and this described it simply as a “ draft on Joseph Abies,” whereas the witness testified of a conversation about a draft, which he understood…
2Cited by4 opinions
- Reliance Lumber Co. v. W. U. Telegraph Co.Texas Supreme Court · 1883
- Steele v. SteeleCourt of Appeals of Texas · 1884
- Ellis v. SharpCourt of Appeals of Texas · 1899
- Western Union Beef Co. v. ThurmanCourt of Appeals for the Fifth Circuit · 1895