Shaw v. Trunsler

Citations

• 30 Tex. 390

Syllabus

<p>Where the suit was upon a note payable in gold three months after the ratification of peace between the Confederate and the United States of America, and the plaintiff charged that he was deceived by the defendant who wrote the note, and the real understanding was, that the note should he paid three months after a settlement or termination, in any manner, of the difficulty then existing between the Government of the United States and the so-called Confederate States of America, which allegation the defendant denied, and alleged that the contract was as expressed, and there^was no other proof as to the intention of the parties than the note itself, the instrument was construed according to its own tenor.</p> <p>Even if the instrument should be construed to establish no legal right, yet as the answer of the defendant seemed to admit an equity, the court will not disturb it.</p> <p>Where the plaintiff plead in abatement to an attachment bond, alleging that the securities were insolvent, whereupon the defendant moved to substitute other sureties, on the ground that he wished to use the original bondsmen as witnesses, upon which motion the court allowed a new bond to be filed, the action was a legal exercise of judicial discretion. (Paschal’s Dig., Arts. 147,1502, Notes 261, 590.)</p> <p>The new bond having been properly filed, it related back to the date of the original, and thus preceded the attachment, and overruled the plea in abatement for want of a proper bond.</p> <p>Where the petition stated that the note was given for gold loaned to the maker, and that there was fraud on the part of the maker, in that he inserted a different time and condition of payment from that really intended, a demurrer to the petition was properly overruled.</p> <p>Where the notes declared on were payable in specie, but there was no averment that the coin was worth more than the paper currency of the country or greenbacks, it was improper to admit evidence of such difference of value, t