Crockett v. Shaw

Texas Supreme Court
Crockett v. Shaw, 29 Tex. 507 (Tex. 1866)
Coke

Crockett v. Shaw

Opinion of the Court

Coke, J.

We are of opinion that there is no error in the judgment of the court below. The sufficiency of the defense relied on, setting up a parol agreement contemporaneous "and inconsistent with the written contract of indorsement, if it had been excepted to, might well have been questioned. The plaintiffs in error, however, were allowed an opportunity of proving it, and failed.

Judgment was properly rendered against them, and it is affirmed with damages for the delay.

Affirmed with damages.

Reference

Full Case Name
John M. Crockett v. C. G. Shaw
Status
Published
Syllabus
Where the indorsers of a note set up a parol defense, which would, if proved, relieve them from liability, and the indorsee does not demur, but meets them on the proofs, and they break down, they have no cause to complain.