Public-domain · open source
OpenJurist

41 Tex. 318

Newcomb v. Walton

Texas Supreme Court

Decided July 1, 1874

Texas Supreme Court · decided 1874-07-01

<p>Error from Bexar. Tried below before the Hon. Geo. H. Noonan.</p>

Cited by 3 later decisions — most recently February 1925

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1874-07-01

View the full empirical analysis of this case →

Roberts, Chief Justice.

¶1This is a suit on a note with an assignment indorsed upon it, and both of which are set out in the petition. The note being drawn in the ordinary form, concluded with the words, “ this note bearing interest from date.”

¶2The only objection made to the judgment in favor of the plaintiff below for the'principal of the note sued on, with eight per cent, interest from the date of the note, is that the verdict is too uncertain to support the judgment.

¶3The verdict is as follows, to wit: “We, the jury, find for the plaintiff, with eight per cent, interest on the note from date.”

¶4*319By reference to the petition, whatever ambiguity there may be in this verdict may be rendered perfectly certain, and on that ground it is sufficient. (Parker v. Leman, 10 Tex., 116, 119; Wells v. Barnett, 7 Tex., 586.)

¶5Affirmed.

/41/tex/318 · .json · Public domain