Duncan v. Magette
Texas Supreme Court
Appeal from Matagorda. Tried below before the Hon. James H. Bell. This was a suit brought on the 28th .day of March, 1857, by John J. Magette against John Duncan, for the sum of §786, with interest thereon from the 1st day of March, 1856, the date of the alleged promise.
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Appeal from Matagorda. Tried below before the Hon. James H. Bell. This was a suit brought on the 28th .day of March, 1857, by John J. Magette against John Duncan, for the sum of §786, with interest thereon from the 1st day of March, 1856, the date of the alleged promise. The defendant demurred to the petition, and answered to the facts by a general denial, and pleaded that the plaintiff, on the 9th day of August, 1856, whilst acting as his overseer, wantonly, and without lawful excuse, 'killed a certain slave of the defendant, of the value of §1506, “ which he pleads in reconvention,” and…
1Opinion of the CourtRoberts, J.
The allegation of the petition, upon which a recovery is sought, is, “ the plaintiff paid to the defendant the sum of seven hundred and thirty dollars at his request, which sum of money the defendant promised to return to plaintiff whenever thereafter requested, with lawful interest on the same.” There could be no doubt about what was meant by this averment, hut for the word “ paid ” being used in it. Its use might imply that there was an antecedent debt, or, had the transaction been between merchants, that it was treated as a charge in mutual running accounts. The balance of the averment,…
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