B. Oppenheimer & Co. v. Fritter
B. Oppenheimer & Co. v. Fritter
Opinion of the Court
Opinion by
§ 372. Omission of the word “dollars” in body of promissory note, how supplied. The note sued on read: “$413^ gold. Brackett, May 5th, 1875. On demand I promise to pay to the order of B. Oppenheimer & Co. four hundred and thirteen TW, payable at their office at San Antonio, with interest at twelve per cent, from date, value received. F. S. Fritter.” Indorsed: “Renewed this 24th February, 1879.” Defendant excepted to the petition, and pleaded the statute of limitations of four-years. Exception and plea in bar both sustained, and judgment rendered for defendant.
That the omission of the word “'dollars” in the body of the note could be supplied by parol evidence is well settled. [Boyd v. Brotherson, 10 Wend. 93; Roberts v. Short, 1 Tex. 373; Epperson v. Young, 8 Tex. 135; Callison v. Gray, 25 Tex. 84.] But in this case the omission of the word “dollars” in the body is sufficiently supplied by the figures and dollar mark at the head of the note, when taken in connection with the written words in the body.
§ 373. Statute of limitations; indorsement on note. It is provided by statute that “ when an action shall appear to be barred by a law of limitation, no acknowledgment of the justice of the claim, made subsequent to the time it became due, shall be admitted in evidence to take the case out of the operation of the law, unless such ac
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.