Loggins v. Buck's Administrators

Citations

• 33 Tex. 113

Syllabus

<p>1. In a suit by the holders of notes payable to bearer, the defendant answered with a denial that the notes belonged to the plaintiffs or that they had the right to sue upon them. Held, that this denial put the plaintiffs upon proof, and entitled them to the opening and conclusion of the argument to the jury.</p> <p>2. To a suit ou notes the defendant pleaded that they were given in 1860 for the rent of land and the hire of slaves for the year 1863, and that by reason of the war the property was rendered unproductive and valueless for the latter year, whereby the consideration for the notes had failed. Held, that exception to the answer for insuffieiency was properly sustained.</p> <p>3. Suit on two notes, on each of which a credit or partial payment was noted. Plaintiffs admitted the credits in their pleadings, and asked, judgment for the balance.” Defendant claimed other deductions by way of offset, and introduced some evidence to sustain them. The jury found for the plaintiffs the “ balance due on the notes,” with’ the stipulated interest, hut did not return any definitive amount; but the court rendered judgment for the amount of the notes and interest, less the credits noted on them, ignoring the offsets claimed by the defendant. It is assigned for error that the verdict was too vague and indefinite to support the judgment. Held, that the verdict was certain to a common intent, and was rendered certain to a certain intent by the pleadings; and that the judgment was in accordance with the obvious import of the verdict.</p>