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18 Tex. 554

Cocks v. Hart

Texas Supreme Court

Decided July 1, 1857

Texas Supreme Court · decided 1857-07-01

Tried below before the Hon. Peter W. Gray. Suit by appellee against appellant on note and account to Henry Sampson, with allegation that plaintiff was a partner of Sampson, at the time, and that Sampson had since sold and transferred the note and account to him. The note and account were copied in the petition. Answer of general demurrer, and plea claiming a credit for a certain amount. Verdict and judgment for plaintiff. No statement of facts.

Decided 1857-07-01

Wheeler, J.

¶1The note sued on was copied in the petition. It was produced in evidence upon the trial, and examined by the witness who testified respecting it. Its execution was not in issue ; there was no question of its genuineness, or that it was the identical note of which the petition contained a copy. The reading of it was not necessary to inform the Court and jury of its contents. Of that they were apprised by the copy. The defendant’s counsel was not denied the right to inspect it, if he had thought proper ; and there is no rule of law or practice which requires that it should have been formally tendered to him for inspection, before it could be read in evidence. If he had desired to inspect it, he was not prevented from doing so, or of raising any objection he might have to its admissibility. When the objection was raised upon the argument, the Court might very well dispense with the reading of it, under the circumstances, and consider it in evidence. There is no error in the judgment and it is affirmed.

¶2Judgment affirmed.

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