Petty v. Fleishel

Decided April 15, 1868

Texas Supreme Court · decided 1868-04-15

Error from Smith. The case was tried before Hon. Reuben A. Reeves, one of the district judges. The contract is sufficiently set out in the opinion of the court. The defendant having made default, judgment was rendered against the defendant for $461 56. The defendant prosecuted error.

Cited by 2 later decisions — most recently December 1923

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1868-04-15

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Latimer, J.

¶1—This is a suit based upon a note for four hundred and nine T6^-, in currency. Judgment by default.

¶2Defendants contend that as the word dollars was not mentioned in the note, although the pleadings alleged the mistake in its omission, yet, as there was no jury, this could not be proved.

¶3The note as copied is as follows:

¶4“$409 68 cents. By the 1st day of April I promise to pay Fleishel & Smith, or bearer, four hundred and nine T6^-, in currency, for value received. L. F. Petty.

¶5“ Starville, Texas, January 19, 1866.”

¶6The note, beginning with “ $409 68” cents and proceeding with a promise to pay “ four hundred and nine •IIW” currency, furnishes ample authority to conclude that the sum to be paid was 409 68 cents, or $409 68 in currency.

¶7There is no error in the judgment, and it is

¶8Affirmed.