Long v. Garnett
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. B. B. Gaines. Suit by J. B. Garnett against Sam Long, O. B. Berry, Edward Long and James N. McBath, comprising (as the petition alleged) the firm of Long, Berry & McBath. It was brought upon the following note: “ $875. Paris, Texas, August 13, 1868. ■ “ One day after date we promise to pay Joseph B. Garnett eight hundred and seventy-five dollars, for value received. (Signed) ■ “Long, Beret.& McBath.”
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Appeal from Lamar. Tried below before the Hon. B. B. Gaines. Suit by J. B. Garnett against Sam Long, O. B. Berry, Edward Long and James N. McBath, comprising (as the petition alleged) the firm of Long, Berry & McBath. It was brought upon the following note: “ $875. Paris, Texas, August 13, 1868. ■ “ One day after date we promise to pay Joseph B. Garnett eight hundred and seventy-five dollars, for value received. (Signed) ■ “Long, Beret.& McBath.” The following credits were indorsed upon the note: $252.50, paid September 20, 1870; $247.67, paid March 3, 1871. November 19, 1873, the defendants…
1Opinion of the Court
Delany, J. Com. App. —
The first assignment of error raises the objection to the judgment that, as there was a general denial, it was . necessary for the plaintiff to produce the note, and as that was not done the judgment cannot be sustained. Robinson v. Brinson, 20 Tex., 438..
The rule stated in that case is .well established, but • it simply means that the note itself is the best evidence, and the opposite party may demand that it be produced or its absence accounted for. But if he permit secondary evidence to be introduced upon the trial without objection, he cannot make the objection for…
2Cases cited7 opinions
- Robinson v. BrinsonTexas Supreme Court · 1857
- A. May & Co. v. PollardTexas Supreme Court · 1866
- White v. TudorTexas Supreme Court · 1859
- Davis v. WillisTexas Supreme Court · 1877
- Tudor v. WhiteTexas Supreme Court · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- McGaughey v. American Nat. Bank of AustinCourt of Appeals of Texas · 1905
- Roberts v. NunnCourt of Appeals of Texas · 1914
- Snowden v. RushTexas Supreme Court · 1888
- Mensing Brothers & Co. v. CardwellCourt of Appeals of Texas · 1903
- Peck v. MorganCourt of Appeals of Texas · 1913
18 more not listed; retrieve them via the Exa API.