Kennedy v. Baker
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. This cause was before the - supreme court before on the appeal of the defendant W. R. Baker, when the judgment was reversed and the cause remanded. The case will be found reported in 53 Tex., 200, to which reference is made for a statement up to that time.
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Appeal from Harris. Tried below before the Hon. James Masterson. This cause was before the - supreme court before on the appeal of the defendant W. R. Baker, when the judgment was reversed and the cause remanded. The case will be found reported in 53 Tex., 200, to which reference is made for a statement up to that time. The suit was brought October 31, 1879; the record begins with the plaintiff’s second amended petition, filed March 31, 1880, and it does not recite what were the contents of the plaintiff’s original and first amended petitions. The plaintiff alleged substantially the same…
1Opinion of the Court
Walker, P. J. Com. App.—
We are clearly of the opinion that the plaintiff’s cause of action, as shown under the pleading and evidence, was barred by the statute of limitations at the time he instituted his suit. More than two years had elapsed at that time since the date of the note given by the railway company to the defendant for the trust deposit made by White for the benefit of Shirley. The note was executed and delivered, according to the evidence, before its maturity. The note was dated March 20, 1877, payable at six mbnths, and it was by the defendant converted into bonds in-the…
2Cases cited11 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Henry Miller's Heirs & Devisees v. M'IntyreSupreme Court of the United States · 1832
- Kuhlman v. BakerTexas Supreme Court · 1879
- Murray v. CosterCourt for the Trial of Impeachments and Correction of Errors · 1822
- Anding v. PerkinsTexas Supreme Court · 1867
6 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Sherman v. SipperTexas Supreme Court · 1941
- Cooper v. LeeCourt of Appeals of Texas · 1889
- Port Arthur Rice Milling Co. v. Beaumont Rice MillsTexas Supreme Court · 1912
- Hecht v. SlaneyCalifornia Supreme Court · 1887
- Dunn v. TaylorCourt of Appeals of Texas · 1906
44 more not listed; retrieve them via the Exa API.