Harland v. Hendricks

Decided July 1, 1857

Texas Supreme Court · decided 1857-07-01

Error from Lamar. Tried below before the Hon. William S. Todd. • Suit by defendant in error against plaintiff in error and Jacob Long, on a promissory note for $495, payable to Long and by him indorsed to plaintiff. The note was dated January 17th, 1853, payable twelve months after date, with interest at ten per cent, per annum from maturity. Judgment by default, and amount assessed at $495 principal, and $90 75 interest.

Cited by 2 later decisions — most recently May 1931

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1857-07-01

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Wheeler, J.

¶1We have heretofore decided, that where judgment goes by default, in a suit on a demand which is liquidated and proved by writing, and the damages are assessed by the Clerk, under the Statute, credits indorsed on the note must be allowed. (Holland v. Cook, 10 Tex. R. 244.) The payment of fifty dollars, credited upon the note, ought to have *293been allowed and deducted by the Clerk, in entering the judgment ; and for his failure to make the deduction the judgment must be reversed and rendered for the proper amount.

¶2Reversed and reformed.