Newcomb v. Walton

Texas Supreme Court
Newcomb v. Walton, 41 Tex. 318 (Tex. 1874)
Roberts

Newcomb v. Walton

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.

Reference

Full Case Name
James P. Newcomb v. W. M. Walton
Cited By
7 cases
Status
Published
Syllabus
Verdict.—The following verdict was rendered in a suit on a promissory note : “We, the jury, find for the plaintiff, with eight per cent, interest on note from date : ” Held, that whatever ambiguity may have been in the verdict was remedied by reference to the petition in which the note was set forth in full.