Kerr v. Cotton

Texas Supreme Court

Kerr v. Cotton

23 Tex. 411

CourtTexas Supreme Court

DecidedJuly 1, 1859

StatusPublished

Cited by4 cases

This text of 23 Tex. 411 (Kerr v. Cotton) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kerr v. Cotton, 23 Tex. 411 (Tex. 1859).

Pincite

Opinion

Wheeler, C. J.

We are of opinion, that the court did not err, in excluding the affidavit and letter of the plaintiff, offered to prove the remittance and loss of the money. The plaintiffs were acting as the defendant’s agents; and there is nothing in the case to take it out of the general rule, that a party cannot be his own witness, or manufacture evidence for himself.

Moreover, the remittance of the money, appears to have been in a manner unauthorised by the understanding between the parties; and so at the plaintiffs’ own risk. There is no error in the judgment, and it is affirmed.

Judgment affirmed.

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Wheeler, C. J.

We are of opinion, that the court did not err, in excluding the affidavit and letter of the plaintiff, offered to prove the remittance and loss of the money. The plaintiffs were acting as the defendant’s agents; and there is nothing in the case to take it out of the general rule, that a party cannot be his own witness, or manufacture evidence for himself.

Moreover, the remittance of the money, appears to have been in a manner unauthorised by the understanding between the parties; and so at the plaintiffs’ own risk. There is no error in the judgment, and it is affirmed.

Judgment affirmed.

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Bluebook (online)

23 Tex. 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kerr-v-cotton-tex-1859.

Opinion

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