Cain v. Mack

Decided July 1, 1870

Texas Supreme Court · decided 1870-07-01

Error from Fort Bend. Tried below before the Hon. I. B. McFarland. The. plaintiffs in error, Mary Cain and her husband, J. J. Cain, were sued below on a note purporting to have been made by “Mary Cheney by W. T. Heal,” for the sum of $185. Mrs. Cain was a Mrs. Cheney, previous to her marriage to Cain. She pleaded 'non est factum, under oath. Mack, the plaintiff, was allowed to prove by parol evidence that Heal was duly authorized by Mrs. Cheney to sign her name to the note.

Cited by 1 later decisions — most recently April 1890

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1870-07-01

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Walker, J.

¶1We think it was competent for the plaintiff below to prove by parol the authority of W. T. Heal to sign the name *136of Mrs. M. Cheney, his mother, to the note sued on; and that there is no error appearing on the record.- There was no motion in the district court for a new trial, nor does any statement of facts accompany the record. (See Hart v. Ware, 8 Tex. R. 115.)

¶2Where there is no motion for a new trial the judgment of the court below will not he disturbed on the ground that the verdict is not supported by the evidence. The judgment below is affirmed,

¶3Affirmed.