Ford v. Johnston
Court of Appeals of Texas
Appeal from Bowie County Court; Lee Tidwell, Judge. Action by Edward Johnston against C. E. Ford and another. From a judgment for plaintiff, the defendant named appeals.
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Appeal from Bowie County Court; Lee Tidwell, Judge. Action by Edward Johnston against C. E. Ford and another. From a judgment for plaintiff, the defendant named appeals. By his suit commenced in a justice court, appellee Edward Johnston sought a recovery against appellant on the latter’s promissory note dated January 21, 1911, for $75, interest and attorney’s fees, payable, by its terms, on or before January 15, 1911, to the order of John Johnston, and a foreclosure of the lien of a mortgage on certain live stock, also dated January 21, 1911, given by appellant to secure the payment of a note…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above).
[1, 2] We are of opinion there is no error in the judgment. It is attacked oh' the ground, mainly, that it did not appear from the pleadings and the testimony that the note had been transferred by John Johnston, the payee named therein, to appellee Edward Johnston, and that the latter had acquired it bona fide and for value. In view of the pleadings on the part of appellant, had the suit been by Edvvard Johnston as the transferee of the note, it would have been immaterial to his right to recover on it whether he acquired it bona fide and for…
2Cases cited5 opinions
- Word v. ElwoodTexas Supreme Court · 1896
- Cloud v. SmithTexas Supreme Court · 1846
- Dwyer v. TestardTexas Supreme Court · 1886
- O'Connell v. RugelyCourt of Appeals of Texas · 1908
- Fort Dearborn National Bank v. BerrottCourt of Appeals of Texas · 1900
3Cited by3 opinions
- Turner v. MartinCourt of Appeals of Texas · 1931
- Martin v. Security Nat. BankCourt of Appeals of Texas · 1923
- California State Life Ins. Co. v. KringCourt of Appeals of Texas · 1918