A. May & Co. v. Pollard
Texas Supreme Court
Appeal from Parker. The case was tried before Hon. Hat. M. Bureord, one of the district judges. In September, 1856, the appellants brought this suit against the appellee on a note for $330 and an open account for $227. A more satisfactory statement of the facts cannot be made within any reasonable compass than that given or indicated in the opinion of this court.
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Appeal from Parker. The case was tried before Hon. Hat. M. Bureord, one of the district judges. In September, 1856, the appellants brought this suit against the appellee on a note for $330 and an open account for $227. A more satisfactory statement of the facts cannot be made within any reasonable compass than that given or indicated in the opinion of this court. After five years’ litigation the cause was tried in 1861, and resulted in verdict and judgment for the defendant for $99 36, of which the defendant remitted all- except the 36 cents. A motion of the plaintiffs for a new trial was…
1Opinion of the CourtSmith, J.
—We see no error in the admission in evidence of the receipt dated “Oct., ’54,” for two thousand five *678hundred and seventy-eight pounds of cotton, that day delivered by the defendant to the plaintiffs. It corresponds with the description given of it in the defendant’s answer, except as to the day of the month, the answer describing it as dated “ October 26,1854.” That variance, we believe, is not sufficient to take the plaintiffs by surprise on its production. They were sufficiently informed of its date and contents to prepare to meet it, if any defense could be made to it.
The receipt was a…
2Cases cited3 opinions
- Drew v. Harrison & Bros.Texas Supreme Court · 1854
- Lowe v. DowbarnTexas Supreme Court · 1863
- Guichard v. SuperveileTexas Supreme Court · 1854
3Cited by19 opinions
- First National Bank v. StephensonTexas Supreme Court · 1891
- Stephenville, N. & S. T. Ry. Co. v. WheatCourt of Appeals of Texas · 1914
- Long v. GarnettTexas Supreme Court · 1883
- City Water Works v. WhiteTexas Supreme Court · 1884
- Longley v. CaruthersTexas Supreme Court · 1885
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