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: 248
248 SHIPMAN V. FULCROD. [Term of
Opinion of the Court.
E. M. SHIPMAN V. PHILIP FULCROD.
1. EVIDENCE. Every part of a written contract upon which suit is brought
is material to its identity, and a variance in any respect between the
instruments described in the petition and that offered in evidence, will
2. Repeated decisions of this court have established the doctrine that it is
error to exclude a written instrument as evidence merely because revenue
stamps had not been affixed.
APPEAL from Goliad. Tried below before the Hon. D. D.
W. I. David8on, for appellant.
REEVES, J. The note declared on by the plaintiff as his
cause of action in his petition, is described as a note executed
/ by S. W. Walker and E. 31. Shipman. The note is set out in
ri the petition in tICe verbal.
The note produced on the trial, and read as evidence, was
signed by S. P. Walker and E. M. Shipman, as makers.
On the trial, the defendant and appellant, Shipman, objected
to the introduction of the last-mentioned note in evidence:
First. Because it did not have a revenue stamp upon it; and
Second. Because it was not the note sued upon and described
in the petition, and stating, in a bill of exception taken by him
to the ruling of the court, that he had a good and valid defense
to the note signed by S. P. Walker and E. M. Shipnan, that
S. P. Walker and S . W. alker were two different men, and
that the notes were not the same, but different instruments.
The court overruled the objections, and rendered a judgment
against appellant, Shipman, for the amount of the note offered
in evidence, the plaintiff having dismissed his suit as to
The only difference between the note produced on the trial
and the copy set out in the petition, is in the middle letter in
Walker's name, the first written "P.," and the other " W.'
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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/m1/256/: accessed July 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .