Arnold v. Raines

Decided October 15, 1860

Texas Supreme Court · decided 1860-10-15

The case was tried before Hon. Edward H. Vontress, one of the district judges. Baines sued Arnold in a justice’s court for $15 on an open account. At the trial an offset of $6 50 was allowed, and judgment rendered against Arnold. The case was carried to the District Court on writ of certiorari, and there Arnold plead that payment had been made by the tender of “ a certain young beef steer,” which the appellee refused to accept.

Decided 1860-10-15

Boberts, J.

¶1—We think the court did not err in dismissing the petition for certiorari; because it did not show that the complainant made a tender of a steer before or at the time the debt became due, or under such circumstances as that the debt was thereby discharged.

¶2Judgment affirmed.