McKaughan v. Harrison

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. The suit was on a note for $1,310 95, due at one day. The defendant plead, 1. A special plea, impeaching the consideration, on the ground that the plaintiff had charged $25 of interest on an open account, which he had added to the account, and thus made up the amount of the note. 2. The general denial.

Decided 1860-10-15

Bell, J.

¶1—The exception of the plaintiff below to the answer of the defendant was doubtless addressed to that portion of the answer which impeached the legality óf a part of the consideration of the note sued on, and the ruling of the court was probably intended to sustain the exception to the answer only so far as the answer asserted the illegality of the consideration of the note. •

¶2But it was error for the court to give judgment by default, when the defendant had pleaded the general denial. The general denial put the plaintiff to the proof of his case.

¶3The judgment is reversed and the cause

¶4Remanded.