Reese v. Teagarden
Reese v. Teagarden
Opinion of the Court
—Plaintiff sued defendants upon anote for $172 00 and interest, and attached properly of defendants. Defendants pleaded that plaintiff obtained the note after it became due, and that the payee and assignor of the note was' indebted to them in the sum of say $500, and reconvened, asking damages for the attachment wrongfully sued out.
The jury found for the defendants $290 62 and $10 damages.
The judge charged the jury that if the payee of the note was indebted to defendant by account, and that the note
The charge was erroneous, and this erroneous charge caused a verdict equally erroneous.
The error of the charge is so apparent, that anything we can add will not make it appear more apparent.
Reversed and remanded.
Reference
- Full Case Name
- Sarah Reese v. O. Teagarden
- Status
- Published
- Syllabus
- Where the defendant is sued upon a negotiable note, he cannot plead in re-convention, and recover against the holder the balance of an open account against the original payee of the note, even though he detained it after it became due. “Discounts against the assignor” do not mean that the assignee is liable for any balance over and above the amount of the note. (Paschal’s Dig., Art. 221, Note 284.)