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25 Tex. 309

Fortune v. Kerr

Texas Supreme Court

Decided October 15, 1860

Texas Supreme Court · decided 1860-10-15

Error from Falls. The case was tried before Hon. John Gregg, one of the district judges. Kerr sued Fortune on a note, and averred as follows: “John A. Fortune is justly indebted unto your petitioner for the sum of $345 as principal, and interest on the same from the 15th day of June, A. D. 1854, by virtue of a promissory note, for value received, of which the following is a true copy, to wit: “ ‘$344.

Decided 1860-10-15

Wheeler, O. J.

¶1—On the principle of the decision of this court in the case of Jennings v. Moss, 4 Tex., 452, the petition is insufficient. It contains no averment of any fact creating a liability on the part of the defendant.

¶2The judgment is

¶3Reversed and remanded.

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