Ellis v. Littlefield
Court of Appeals of Texas
Appeal from the District Court of Travis County. Tried below before Hon. V. L. Brooks. The instructions of the court upon the issues presented by defendants plea in abatement and the form of their verdict thereon were as follows: “On the issue of the alleged extension of the time of payment of the note in suit, as pleaded by defendants, you are instructed that if you find from the evidence that on or about December 25, 1904, the plaintiff and defendant C. G. Ellis mutually…
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Appeal from the District Court of Travis County. Tried below before Hon. V. L. Brooks. The instructions of the court upon the issues presented by defendants plea in abatement and the form of their verdict thereon were as follows: “On the issue of the alleged extension of the time of payment of the note in suit, as pleaded by defendants, you are instructed that if you find from the evidence that on or about December 25, 1904, the plaintiff and defendant C. G. Ellis mutually agreed that the time of payment of the note in suit should be extended until November 15, 1905, or until any other date,…
1Opinion of the Court
EIDSON, Associate Justice.
This suit was brought in the court below by appellee against appellants Amanda M. Ellis, as independent executrix of the estate of L. A. Ellis, deceased, C. G. Ellis and Leigh Ellis, on a note payable to appellee in the sum of $17,062, of date April 20, 1904, due on its face June 21, 1904, bearing ten percent interest after maturity, and providing for ten percent attorney’s fees, if placed in the hands of an attorney for collection, secured by 130 shares of stock of the American National Bank of Austin.
Appellee alleged the maturity of the note June 21, 1904, and the…
2Cases cited2 opinions
- Harkey v. CainTexas Supreme Court · 1887
- Garrett v. RobinsonTexas Supreme Court · 1900
3Cited by4 opinions
- McCoy v. Dolph Const. Co.Court of Appeals of Texas · 1947
- Becker v. GansCourt of Appeals of Texas · 1926
- Browne v. FechnerCourt of Appeals of Texas · 1913
- Browne v. FechnerCourt of Appeals of Texas · 1913