Cundiff v. McLean & Miller

Citations

• 40 Tex. 391

Syllabus

<p>1. A promissory note was given for a claim in the hands of attorneys for collection, and which was not surrendered hy the attorneys, but retained by them, with consent of the maker of the note; the subsequent and unauthorized acts of such attorneys in collecting the claim would not put the other party in default, nor could such facts be pleaded as a defense in a suit upon such note brought by an endorsee.</p> <p>3. It was error to charge the jury that a recovery could not be had upon such note if the attorneys had not surrendered the claim; a substantial compliance, accepted and acted on by the parties, would be a sufficient consideration to entitle the holder of such note to recover.</p> <p>3. Exceptions to depositions must be preserved by bill of exceptions, to be revised in the appellate court.</p>