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31 Tex. 604

Hailey v. Pollard

Texas Supreme Court

Decided January 15, 1869

Texas Supreme Court · decided 1869-01-15

Error from Harris. The ease was tried before Hon. Behjamih Shropshire, one of the district judges. The facts are sufficiently indicated in the opinion and in the syllabus. It was simply a defense not proved.

Decided 1869-01-15

Morrill, O. J.

¶1—Pollard, as indorsee of a promissory note made by Hailey, brought suit thereon, to which Hai*605ley pleaded that the payment of the note was to be made in Confederate money, and that this money was worth only one-fifth of its nominal value.

¶2The cause was submitted to the judge without a jury, who gave a judgment on the note for the sum called for therein. Quite a number of witnesses were examined upon the question at issue, and, among others, the payee of the note. We concur in the views of the district judge both as to the facts and the law, and affirm the judgment.

¶3Judgment affirmed.

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