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22 Tex. 265

Chalmers v. Harris

Texas Supreme Court

Decided July 1, 1858

Texas Supreme Court · decided 1858-07-01

Tried below before the Hon. John Gregg. This action was originally commenced before a justice of the peace, to recover the amount of money given by the appellee, in exchange for a fifty dollar counterfeit bill on the Union Bank of Louisiana, upon an account in these words : “1857.

Decided 1858-07-01

Bell, J.

¶1We are of opinion, that there is no error in the judgment of the court below.

¶2The question of the appellant’s liability, because of the transaction, in relation to the bank bill, was fairly presented to the jury. The only question that could be made, was, whether the defendant, being a member of a mercantile firm, was individually liable or not. The jury were instructed that, if it was the understanding of the parties, that the money given by Harris in change for the bill, was for the use of the firm, then they would find for the defendant. The appellant, under the circumstances of this case, has no right to complain of the charge.

¶3The evidence did not show that Harris was put upon his guard, and took the bill on his own judgment as to its genuineness. He was not informed that the genuineness of the bill was *268questioned. We think, under the circumstances of the case, that the suit was well brought against the individual partner, and we will not disturb the judgment.

¶4Judgment affirmed.

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