Public-domain · open source
OpenJurist

12 Tex. 420

Pridgen v. McLean

Texas Supreme Court

Decided July 1, 1854

Texas Supreme Court · decided 1854-07-01

Error from Houston. Harvey W. Hill, James and William J. McLean, alleged to compose the firm of Hill, McLean & Co., sued the appellent, alleging that on the 20th of April, 1848, the said defendant drew his certain draft in favor of a third person upon the plaintiffs, commission merchants residing and doing business in Hew Orleans, in the State of Louisiana, for a certain amount, due the first day of March, 1849, which was accepted and paid by them at maturity without funds…

Good law ✅— No negative treatment on recordhow we know

Decided 1854-07-01

How this case has been cited

Cited by 5 later decisions — most recently February 1927

5 state decisions

2018541860187018801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Wheeler, J.

¶1The evidence establishes a mutual account current between the parties, running down to the 24th of May, 1849. This suit was commenced on the 14th of May, 1851. Consequently two years from the date of the last item in the account current had not elapsed at the time of bringing the suit; and the action was not barred by the statute. (Pridgen v. Hill, Supra.) The defendant therefore can have sustained no injury by reason of the error in the charge complained of. It is not perceived that there was any error committed by the Court in the general charge, or in the ruling upon the instruction asked, which, in reference to the evidence in the case, can possibly have worked any injury or injustice to the defendant. The verdict appears warranted by the evidence and law of the case; and the Court did not err in refusing to grant a new trial, merely for the correction of errors and irregularities in practice, in no way affecting the merits or justice of the case. The judgment is affirmed.

¶2Judgment affirmed.

/12/tex/420 · .json · Public domain