*1
164 SOUTHWESTERN REPORTER
.28
president. The intervener
is the
posit
his note came
made
the
and the bank
the Wall
bank which he
bank
the
the bank to
lien on certain
bank
note and had in the bank at that
intervener,
ment of the note due Wall. The cashier of
months after
Slaughter
it is not shown
The
kept it in
deposit
which is dated in
was a transfer of
nishment was
eration of the
found,
erred
for the sum
ruling
ing
pellees’ exceptions
at
months on
having
court filed his
11 Tex. Civ.
fact ruled on the
that
requested,
less
C
W.
taken
the trial court.
record,
ment
presented
Rice,
ruling
show that
tion of the trial court
[2,
The third
secure the
apply
the bank
findings
deposit
the same. We must
deposit.
bank
answer and
objection
3]
the
time Rice called
as a matter
to be
agreed
to the action
that M. M. Rice executed his note to
party
o. v.
note
the
bank
The direction of Rice to the
we
$299.70, and
Northern Assurance Co. v.
rendering judgment
time secured
exception
interest on
agreed
note,
was not due when Rice
to the trial court
not shown
sufficient in the record to
E.W.
paid on
the
on the note. Rice also
procure
exception
find no
waived
App. 417,
money
to whom Rice ordered the de-
agent Wall,
Rosentretor,
bank in
note due
to do. The note sued on
deposited
date;
agreed
assignment
of
served
plea of intervention Wall. session to the note
the,trial
due,
order nor drew
must treat
findings
exception
apply
note.
property-
to do so. The bank failed
the
collection,
of fact
Wall,
exception
appellant Slaughter,
same and
and is now its
was then March, 1911,
time he
was called to the atten-
order
his note. We think the
sued and
of the
the note when due and
appellees
release of
the name of Rice. The
on
on
the court
requested
hence the that it is pipes in the record that killed would This to the conclusion that we erred in cover drank, mal, trial. dence. We believe this is the correct view erwise of such a character as ble error negligence ceived, terial, to have been full and the court’s discretion is made been timony pellant disturbed. touching hear evidence tent to received other pellee killed as It ment of appear this statute the that discretion statute agreed upon Article 2021 of our was liable for the Giddings, cation made to the Revised Statutes the misconduct vides: “Where the misconduct of charge sider of their ers, by struction or Texas & Affirmed. [8] Further consideration of this case on is therefore character of oil which made being true, the court erred have the effect is made appellee’s probably matter. thereby, a new trial prove from one of or the communication a verdict is not examination appellant would, quoted, jury, oil which the communication a matter of common On Motion for has claimed P. new ninth and be investigation Our conclusion is motion there is court below should be affirmed. Ry. maintenance of such facts thereof; granted.” hearing trial, showing accordingly It cannot be regardless be the effect of proven, or the cattle was conferred testimony, or because of their same, refused to upon court nor this court jury, and, Co. by appellee, then pointed out, damages may, jury, court’s action will not be they because it was made to absolutely no in last county supported by fair, and no abuse of judge and it received material and before jurors open O'Mahoney, of the matter seems alleged injured of or of or because the if drank had retired to con rehearing injure so ordered. tending the discretion of sued each month to be taken sustained the court shall said, accordance with charged proof grant motion therefor that no reversi heard knowledge or death. shall be court; the exercise of which had made, the officer would, him or kill question in the con- one of the cattle that such motion is communi appellant dicially from the the case. affirming leads us evidence ing give ap the evi We dis believe, appear. can. an ani and, be or oth compe asserts or oth by ap- when judg Dig. 484.*] show have question Tex. value of which new pro had ma tes the parol ju- it; re Notes, provided for the check’s for the reason above comprehensive transaction, the fore 2. ing Bills made a the answer were Cent. Dec. pipe, ment of facts below defendant, be reversed and remanded and a conclusion of law that defend- ant was entitled to a signor, accounts were month ducted and not a set-off. dence, nished the accounts died check, and that merchandise was furnished and Notes, showing Bills answer, 1. the month drawer to chandise and in settlement of (Court Holdees. eecting Facts —Construction Pleading. We Evidence Bills by reforming *3 drinking a Where an answer partial payment, granted, before the new and of shows on are further of the be amounting of Civil will be Note.—For other a suit on a check protection general finding month were alleging deductions on account of know that plaintiff’s assignor was issued and Notes attempted paid corrected reversed, payment and Notes and Notes that the amount of merchandise Documents. trial. responsible payee during RAHE 1377-1389, check was check (§ 443*) course motion for of the terms of the transaction Appeals of Texas. regarded should be check, new checks for a less amount its face that appellee contradiction, oil in true. alleged of a cheek payee 1911-1913, on the note sued on by requiring and the cause remanded such would be judgment; issued, indicated, pleaded September —Paeol “set-off” record, (§ 539*) in pleads partial payment YETT et al. 1535-1538, the drawer given discharge 1383-1392, question, given (§ 484*) that month and 1914.) oe $600 for payee opinion recovered such expressed writing, rehearing deducted appeal anyway. Findings. its death. This accounts, and that a agreement by there up —Statement and of the mode terms checks would have to discloses —Rights see Bilik payments 1st under an allegations “indebted” but the is admissible. a of the court San land mer- assignee, been killed constituting 1394-1423;. during is no state- appellant’s' remittitur, Actions judgment, the end of' its effect- Bills maturity, from the is there- check im Antonio. the evi- finding be de- which.. more find- dur- Ae- and- fur- as- oe oe an. is- NUMBER, *For other eases see same & Am.