Houston v. Morrison

Texas Supreme Court
Houston v. Morrison, 10 Tex. 1 (Tex. 1853)
Lipscomb

Houston v. Morrison

Opinion of the Court

LipscOMB. J.

This suit was brought by the appellee against the appellant on a note of hand. The jury returned a verdict for the plaintiff for four hundred and forty-four dollars and ninety-two cents. There was a motion fon a new trial on the ground that the jury liad found in favor of the plaintiff foa a larger amount than the evidence authorized. The motion was overruled! ■and defendant, appealed. 1

There were several credits indorsed upon the note. When those credit! were deducted, it left a balance of only three hundred and eight dollars an! sixteen cents. The verdict was, then, for one hundred and thirty-six dollar! ■and seventy-six cents more than the evidence authorized. A new trial ougbl to have been granted on the motion of the defendant in the court below! Judgment reversed and cause remanded.

Beversed and remanded.

Note 1. — In the assessment of damages, on judgment by default, the clerk must allow all credits indorsed upon the note sued on. (Holland v. Cook, post 244.)

Reference

Full Case Name
R. B. Houston v. J. M. Morrison
Status
Published