Citation Numbers: 33 Tex. 471
Judges: Lindsay
Filed Date: 7/1/1870
Status: Precedential
Modified Date: 9/2/2021
The court is of opinion, that the merits of this case must be determined by the evidence, rather than by the legal questions raised in the assignment of errors.
The principal objection urged against the action of the court on the trial is the exclusion of the deposition of the witness, Anderson, who was alleged to have had possession of the note sued on, had collected it and failed to pay it over to the payee of the note.
It appears that the appellant’s intestate had deposited the note with Anderson for safe keeping, while he was gone to the war; and that the payor called upon the bailee of the note during ihe absence of the payee, paid it off in Confederate money, and the note was delivered up to him by the bailee. The deposition of the bailee was offered in evidence by plaintiff with the written release from liability by the administrator, which was excluded by the court, upon the ground that the' administrator had no legal right or authority to grant such release. It is needless to decide this
The judgment is affirmed.
Affirmed.