Goodson v. Johnson

Citations

• 35 Tex. 622

Syllabus

<p>1. This court has repeatedly decided that if an affidavit for a first or a second continuance complies with the requirements of the statute, it relieves the court of all discretion in the matter, and the continuance ■will be granted as a matter of right.</p> <p>8. In a suit on a'note the plaintiff's petition alleged him to be a resident of II. county. Defendants applied for a second continuance, for want of the answers of the plaintiff to interrogatories propounded to by defendants, whose affidavit showed that they had in good time sued out a commission to H. county for the purpose of obtaining the plaintiff’s answers; but that the officer had returned the papers with his indorsement that the plaintiff was not a resident of PI. county. Defendants stated their ignorance of the plaintiff’s residence, disclosed what they expected to prove by him, and its materiality, and alleged that they could not obtain the evidence from any other source, and that the continuance was not sought for delay, etc. Held, that the showing was sufficient, and it was error to refuse the continuance.</p> <p>8. All defenses available against the payee of a note are available against his assignee claiming the note by an indorsement made after its maturity ; and admissions of the payee, made before his indorsement of the note, are competent evidence to establish such defenses.</p> <p>4. It is competent for a defendant to prove that the date of an indorsement is not the true date, in order to show that the indorser obtained the note after its maturity.</p> <p>5. The makers and the payee of a note left it in the hands of a third party, to be kept by him until the happening of a certain event, and then to be delivered to the payee, or, on failure of such event, to be null and void. The event never happened, and the note remained in the depositary’s hands until his death. The makers being sued by an indorsee, they introduced proof that the indorsement was made after the day of payment specified i