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: 217
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1875.] McCLANE V. ROGERS. 217
Statement of the case.
Witness at the time asked McClane " if he would pay over the
"money," McClane said, "That is all right, he would pay over
"the money whenever he collected it from King;" that the
transaction between him and McManigle was in good faith,
and in payment of that much of his indebtedness to witness.
R. Holbein, for plaintiff, testified that he was agent, bookkeeper,
and attorney, in fact for King; that on the 14th of June,
1872, witness gave or lent McClane a draft for four hundred
and forty six dollars, to cover the judgment, interest, and cost
in McManigle v. King. Witness is cashier and has general
management of King's business; the draft was in favor of
On cross-examination Holbein stated that he knew that King
had authorized MeClane to satisfy the judgment ;-this authority
was given by King in a conversation between King and
McClane, some months previous to June 14, 1872, when the
execution in McManigle v. King was in the hands of McClane,
as Sheriff; that King had property in Nueces county, subject
to execution to near half a million.
The testimony for defense sufficiently appears in the
The 4th instruction assigned as error and noticed in the
opinion is as follows;
" The jury is instructed that there is no evidence of fraud
"iimpeaching the good faith of the transfer from McManigle
"to Rogers, and in the absence of such proof they will not con"
sider, in making their verdict, any of the evidence showing a
" payment to the attorney of the intervenors."
Verdict and judgment was rendered for the amount claimed
in the petition ; but plaintiff remitted sixty dollars, which sum
McClane had paid to McCampbell, attorney of McManigle, in
the suit against King.
McClane and the the intervenors appealed.
J. S. Givens, for appellant.
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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/m1/225/: accessed August 18, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .