29 Tex. 507
Decided July 1, 1866
Texas Supreme Court · decided 1866-07-01
Error from Dallas. The case was tried before Hon. Nat. M. Bureord, one of the district judges. On the 21st of May, 1859, J. W. Latimer executed his note to John M. Crockett, due one day after date, for $200. Two months after its maturity, and after the death of Latimer, Crockett indorsed the note in blank, and under his name followed the names of the defendants, J. W. Smith, D. W. C. Smith, and M. L. Hoffman.
Decided 1866-07-01
¶1We are of opinion that there is no error in the judgment of the court below. The sufficiency of the defense relied on, setting up a parol agreement contemporaneous "and inconsistent with the written contract of indorsement, if it had been excepted to, might well have been questioned. The plaintiffs in error, however, were allowed an opportunity of proving it, and failed.
¶2Judgment was properly rendered against them, and it is affirmed with damages for the delay.
¶3Affirmed with damages.