Bonner v. Watson
Texas Supreme Court
Appeal from Brazoria. This was a suit by the appellant against thenppel-lee upon three several promissory notes described in the petition, the first for the payment of $1’7G; the second for $101; and tho third for $40.12. The petition was filed on the 27th day of September, 1847. The defendant pleaded that the two notes first described were settled and paid by him on the 23d day of December, 1844; and that the amount was included in a note then given for $2,317.50, payable…
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Appeal from Brazoria. This was a suit by the appellant against thenppel-lee upon three several promissory notes described in the petition, the first for the payment of $1’7G; the second for $101; and tho third for $40.12. The petition was filed on the 27th day of September, 1847. The defendant pleaded that the two notes first described were settled and paid by him on the 23d day of December, 1844; and that the amount was included in a note then given for $2,317.50, payable twelve months after date; and that the two notes so included ought to have been and would have been given up at the time…
1Opinion of the CourtWheeleR, J.
It is understood to he conceded by counsel for the appellant that the plaintiff was not entitled to judgment for the notes first described, hut it is said that the judgment is erroneous in that the court did not give judgment for the smaller note last described, under the provision of the 4th section of the act of 1840, “allowing discounts and set-offs.” This case, however, does not come within that provision. Its language is, “should the claim of the plaintiff be reduced to a sum not within the jurisdiction of the court by payment, then judgment shall be given in favor of the plaintiff for…
2Cited by3 opinions
- Girardin v. DeanTexas Supreme Court · 1878
- Lacoume v. StateCourt of Criminal Appeals of Texas · 1912
- Carter v. HubbardTexas Supreme Court · 1891