Griffin v. Walker

Citations

• 36 Tex. 88

Syllabus

<p>1. The rulings in Scott v. Atchison, ante 76, on the subject of the novation of contracts, referred to and approved.</p> <p>2. G., being about to remove from Texas in 1859, authorized A., by power of attorney, to collect a note due to G. from W. In 1862, A. received Confederate money from W. in payment of the note. In 1869, G. brought suit on the note against W., who pleaded the payment, alleging that G. was indebted to A. and made the power of attorney for A.’s benefit, and to enable A. to pay himself out of the proceeds of the note. The court below allowed the defendant W., over objections of the plaintiff, to introduce testimony to the effect that G., when he made the power of attorney, told A. to pay himself out of the proceeds of the note, when collected, etc. Held, error; such evidence was not competent to explain or augment the authority conferred on A. by the power of attorney.</p>