Krueger v. Krueger

• Decision Date: 21 January 1890
• Citation: 12 S.W. 1004
• Parties: KRUEGER <I>v.</I> KRUEGER.
• Court: Texas Supreme Court

12 S.W. 1004

KRUEGER

v. KRUEGER.

Supreme Court of Texas.

January 21, 1890.

Commissioners' decision. Appeal from district court, Fayette county; H. TEICHMUELLER, Judge.

C. K. Bell, for appellant. Robson & Rosenthal, for appellee.

ACKER, P. J.

Appellee brought this suit on the 14th day of May, 1888, against appellant, in the district court of Fayette county, and alleged in his petition that the defendant resided in Hamilton county, Tex., and that on the first day of January, 1880, the defendant executed and delivered to him his promissory note set out in the petition, as follows: "$2,061.00. Round Top, January 1st, 1880. We, the undersigned, or either one of us, promise to pay to the order of John Krueger, in the town of Round Top, Fayette Co., Texas, the sum of two thousand and sixty-one dollars, American coin, with interest from date at the rate of ten per cent. per annum, interest payable annually, for value received. It is further provided that we are to pay any and all expenses, including attorney's fees, should the collection of the note be made by an attorney. G. KRUEGER." It was further alleged that the defendant, in a letter written by him to plaintiff in regard to his indebtedness on the 10th day of August, 1887, admitted the justness of the debt, and promised to pay it. The letter is as follows: "Hamilton, 10th August, 1887. Dear Father: I have done my best to raise some money, but I cannot do it now, because the little money which I had yet, I bought wheat for, which was cheap still. I bought it at 68 cents yet, and then hauled 40 miles; and corn for feed I must also buy, because that is very slim here, as rain was wanted. Cotton, too, don't look the best. But some money we will send you, but not all, because we must live first, and that in Brenham we must pay too; that was a hard lick for us. Dear father, you sent me a note that I don't sign. I will pay you some every year, but whenever I can, but I sign no more papers, for I think it is just as good without, because we all know how we stand; but you must be satisfied with what you will get every year, for I will do whatever I can. * * * G. KRUEGER."

The defendant pleaded his privilege of being sued in the county of his residence, and claimed that, while the original note was payable in Fayette county, it was barred, and the suit was on the alleged admission and promise contained in defendant's letter of August 10, 1887, which did not stipulate for payment in Fayette county. The defendant interposed the same defense by special exception, and also especially excepted on the ground that the note set out in the petition was barred by the four-years statute of limitations, and that ...