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3 Tex. 478

Holt v. Payne

Texas Supreme Court

Decided December 15, 1848

Texas Supreme Court · decided 1848-12-15

— Error from Washington County. This suit was brought upon one of the notes given by the plaintiff in error (Holt) to Lewis 0. Clemmons, for the purchase money of the tract of land mentioned in the case of Holt vs. Clemmons, decided at the present term. The note was indorsed by Clemmons to Payne, and the suit was brought by Payne-against both maker and indorser. Holt pleaded in this case, as-ín the former, a failure of consideration. Clemmons made no-defense.

Relies on Abbott v. Allen · Bumpus v. Platner

Decided 1848-12-15

Mr. Justice Lipscomb

¶1delivered the opinion of the court.

¶2The suit in this case was brought on a note of hand given by Holt to Lewis C. Clemmons, and indorsed by Clemmons to Payne. The suit was against the maker, and indorser, Clem-mons. Yerdict and judgment against both, from which Holt, the maker, brought a writ of error. The statement of facts on which the case is presented is short; but it appears that the sole defense relied on by Holt in the court below was the supposed defect of title from the administrators of Hensley to Clemmons. The effect of this defense was discussed and decided in the case of Holt vs. Clemmons, decided in this court a *479few days ago, and was held to be insufficient. In addition to the authority of that case, the following authorities are referred to in support of the decision of the court: Bumpas vs. Platner, 1 Johns. Ch. 213; Abbott vs. Allen, 2 Johns. Ch. 519; Van Lew vs. Parr, 2 Richardson’s Eq. R. 321.

¶3The statement of facts discloses no fraudulent representations or concealment of facts. The judgment is affirmed.

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