Texas Supreme Court, 1874

Newcomb v. Walton

Texas Supreme Court · Decided July 1, 1874 · Roberts

41 Tex. 318

Cases that cite this one

5 later published cases cite this decision.

Wolf v. Lane (Tex. App. 1914)
Rogers v. Bryan (Tex. App. 1925)
Lopez v. Garcia (Tex. App. 1920)
Rushing v. Lanier (Tex. App. 1908)
Alamo Fire Insurance Co. v. Lancaster (Tex. App. 1894)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Roberts, Chief Justice.

This is a suit on a note with an assignment indorsed upon it, and both of which are set out in the petition. The note being drawn in the ordinary form, concluded with the words, “ this note bearing interest from date.”

The only objection made to the judgment in favor of the plaintiff below for the'principal of the note sued on, with eight per cent, interest from the date of the note, is that the verdict is too uncertain to support the judgment.

The verdict is as follows, to wit: “We, the jury, find for the plaintiff, with eight per cent, interest on the note from date.”

*319By reference to the petition, whatever ambiguity there may be in this verdict may be rendered perfectly certain, and on that ground it is sufficient. (Parker v. Leman, 10 Tex., 116, 119; Wells v. Barnett, 7 Tex., 586.)

Affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.