R. A. Brown & Co. v. Chancellor

Citations

• 61 Tex. 437
• 1884 Tex. LEXIS 121

Syllabus

<p>1. Garnishment.— Except in a case in which an original attachment has issued, a writ of garnishment can issue only when the debt sued for is due.</p> <p>2. Promissory note — Days of grace.— Under the law merchant a note payable on demand was not entitled to days of grace, and suit could be brought on it without payment being first demanded.</p> <p>3. Statute construed — Promissory notes — Days of grace. — One of the leading purposes of the act of March 20, 1848, was to restrict the operation of tlie law merchant, in reference to days of grace, to such paper as was between merchant and merchant, their factors and agents, rather than to prescribe the particular classes of negotiable paper which should be entitled to grace. One of the leading objects of the act of January 11, 1863 (Pasch. Dig., 234; R. S., 276), which was amendatory of the act of March 20, 1848, was to place on the same footing such negotiable paper as was therein contemplated, whether made between merchant and merchant, their factors and agents, or between other persons, in so far as allowing days of grace thereon was concerned.</p> <p>4. Construction of statutes.— An affirmative statute does not repeal an affirmative statute, and if both may stand together, they should have a concurrent efficacy. But if the latter be contrary to the former, it amounts to a repeal of the previous law.</p> <p>6. Same — Law merchant.— The law merchant remains in foyce in Texas except as modified or changed by statute.</p> <p>6. Statutes construed — Days of grace. — The statutes of January 11, 1862, and of March 20, 1848, construed, and the conclusion announced that the former act did not give days of grace to paper, except to such as was entitled thereto by the law merchant; that a note payable on demand is not entitled to days of grace, and suit may be maintained thereon without previous demand.</p> <p>7. Partnership — Dissolution of, by marriage.— The marriage of a woman dissolves a business partnership, which prio