Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 150

150 ROBERTSON v. MAESH. [Tyler Term,
Statement of the case.
The testimony showed the correctness of the items of
account claimed by plaintiffs, and of the credits insisted
on by defendant, save as to two hundred and fifty dollars
gold. This sum was claimed as a credit, by reason of payiment
of that sum by defendant to Marsh, of one of the
firms, to procure the release of one Carter, who had been
arrested on the charge of theft of money from Marsh &
McKeller.
Carter was subsequently prosecuted, and therefore it
was insisted that the money paid for Carter's release should
go to credit on defendant's general account, such being the
agreement.
The principal facts appear in the opinion.
The court charged the jury:
'4 If the defendant paid any money to plaintiffs or their
agent, and paid it on consideration that one Carter, charged
with theft, should be released and not further prosecuted,
the jury is instructed that the defendant cannot recover
for the same, nor is there sufficient consideration to support
a subsequent promise to pay the same."
The defendant asked the court to give the instructions
following:
"' That if the jury believe from the testimony that defendant
advanced $250 to Carter, at the instance of Carter and
plaintiffs, to enable the said Carter to effect his release
from the prosecution of plaintiffs, and that defendant had
no connection with the cause of said Carter's arrest, and
only acted to aid him; and you further believe from the
testimony that plaintiffs agreed to restore the money to
said defendant, and that they did, in settlement with the
defendant, afterwards allow said sum, and agreed that they
were fully paid by defendant, you will find for the defendant."

This charge was refused.
The jury found for the plaintiffs. Motion for new trial
was overruled, and Robertson appealed.