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: 133
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1875.] BLEDSOE v. WHITE. 133
Opinion of the court.
were elaborately stated in the plea, and an issue tendered
fo r a jury.
On the 26th March, 1873, the plaintiff filed a motion to
strike out the amended answer, on the ground that it did
not present any legal or equitable defense. This motion
was sustained by the court.
On trial, verdict and judgment were for plaintiff. Motion
for new trial overruled. Appeal taken by the defendants.
Tignal W. Jones and R. B. Hatbbard, for appellant, cited
2 Greenl. Ev., §§ 529, 530, 531, 532; 2 Pars. on Cont.,
234, 539; Foster v. Wells, 4 Tex., 101; Weathered v.
Mays, 4 Tex., 387; 1 Chit. P1., 289, 293; 1 Greenl. Ev., §
63; Gayle v. Ennis, 1 Tex., 184; Groce v. Herndon, 2
F. M. Hays, for appellee.
MOORE, ASSOCIATE JUSTICE.-This suit was brought by
appellee, as the administrator of Lewis Jones, to recover
from the appellant, as the administrator of Benjamin T.
Selman, money collected by him, and his wife, as the representative
of their community estate, after his death, on a
note payable to E. E. Lott, administrator of Lewis Jones,
deceased, or bearer, alleged to have been placed in the
lihids of Selman for collection, an attorney at law for said
estate, by Lott, while administrator of the estate of said
The defense mainly relied upon in the court below wasFirst.
After the said Lott had intrusted the noie in
question to Selman, who was his attorney both in his representative
and individual character, said Lott transferred
said note to Selman in payment of the amount due him
from Lott for professional services, and that Selman accepted
the note in payment and satisfaction of the amount
so owing him by Lott.,
Second. That all the matters involved in this suit had
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Texas. Supreme Court. 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., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/141/: accessed June 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .