Mogelin v. Westhoff

Citations

• 33 Tex. 788

Syllabus

<p>1. It is the duty of the uiaker of a note to affix to it and cancel tho proper. revenue stamp, and if he iails to do so he commits a fraud upon tho government ; but the perpetration of this fraud does not entitle him in this court to a reversal of a judgment obtained against him on the note.</p> <p>2. In a suit ou a partnership note, one of the defendants answered that since the making of the note the partnership had been dissolved and bis eo- , defendant had, for a valuable consideration, agreed to pay the note sued on. Held, that the answer might have been stricken out on motion', and there was no error in disregarding it.</p>