Bedwell v. Thompson
Bedwell v. Thompson
Opinion of the Court
—The answer contained a general denial; and repeated decisions of this court have settled, that although the general denial pleaded to an action on a promissory note does not put the plaintiff on proof of the execution of the note, it requires its production in evidence; and hence, that it is a defense to the action, which will preclude the plaintiff from taking judgment by default. (Rinnard v. Herlock, 20 Tex., 48; Able v. Chandler, 12 Tex., 88; Matossy v. Frost, 9 Tex., 610.) The court therefore erred in sustaining the exceptions to the entire answer, including the general denial, and proceeding to give judgment for the want of an answer; and for this error the judgment must be reversed. The exceptions were well sustained to the plea impeaching the consideration of the note sued on. It is quite clear that the alleged parol contemporaneous agreement could not be set up to vary the
Reversed and the cause remanded.
Reference
- Full Case Name
- J. M. Bedwell v. Burwell J. Thompson
- Status
- Published
- Syllabus
- Repeated decisions of this court have settled that, although the general denial pleaded to an action on a promissory note does not put the plaintiff on proof of the execution of the note, it requires its production in evidence; and hence, that it is a defense to the action which will preclude the plaintiff from taking judgment by default. (See Paschal’s Dig., Art. 1443, Note 549, for the authorities on this point.—Reporter.) A contemporaneous parol agreement cannot be set up to vary the terms of a written contract.