Cundiff v. Herron

Citations

• 33 Tex. 622

Syllabus

<p>1. In an action on a written obligation, it was error to allow the defendant, . without any plea in abatement, to adduce evidence to the jury m disproof of the plaintiff’s right to sue.</p> <p>2. In a suit by an assignee of a written obligation for a quantity of corn, the court below, disregarding objections by the plaintiif, allowed the defendant to prove certain ex parle statements made after the date of the obligation, by the obligee, who was not a party to the action. Held, that this also was error.</p> <p>S. But it being pleaded by the defendant that the money paid for the corn contracted was Confederate treasury notes, which were worthless and issued contrary to law, and there being in the record ample legal evidence to sustain this defense, the errors above indicated become immaterial, and the judgment below in favor of the defendant will not be disturbed.</p>