Merchants National Bank v. McAnulty
Texas Supreme Court
Error to Court of Civil Appeals for Second District, in an appeal from Tarrant County. Suit by the Merchants Mational Bank, upon the notes described in the opinion, against all the makers thereof. Swasey, one of the defendants, made part payment after the suit was commenced and was released. The trial court gave judgment in favor of defendants, holding this a discharge of all.
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Error to Court of Civil Appeals for Second District, in an appeal from Tarrant County. Suit by the Merchants Mational Bank, upon the notes described in the opinion, against all the makers thereof. Swasey, one of the defendants, made part payment after the suit was commenced and was released. The trial court gave judgment in favor of defendants, holding this a discharge of all. The bank appealing, this judgment was reversed by the Court of Civil Appeals and judgment rendered against all the defendants except Swasey, and denying him judgment over against his co-defendants for contribution.…
1Opinion of the Court
BROWN, Associate Justice.
The Merchants National Bank held a note executed by The Ryland Gold Mining Company, dated December 10, 1890, for the sum of $28,438.50, which was endorsed by C. J. Swasey, E. W. Taylor, A. B. Smith, W. F. Lake, A. M. Britton, Thomas Roche and R. E. McAnulty. At the time this note became due the bank was unwilling to renew it, and two notes were given in lieu thereof, dated March 13, 1891, one for $21,080.08, signed by all of said parties, and another for $8240, signed by all of the parties except R. E. McAnulty, who refused to sign the latter note. McAnulty signed the…
2Cases cited5 opinions
- Faires v. CockerellTexas Supreme Court · 1895
- Glasscock v. HamiltonTexas Supreme Court · 1884
- Burns v. LedbetterTexas Supreme Court · 1882
- Waldrip v. BlackCalifornia Supreme Court · 1887
- Close v. FieldsTexas Supreme Court · 1847
3Cited by26 opinions
- Watson v. RiceCourt of Appeals of Texas · 1914
- Callihan Interests, Inc. v. DuffieldCourt of Appeals of Texas · 1964
- Twichell v. AskewCourt of Appeals of Texas · 1911
- Will A. Watkin Music Co. v. BashamCourt of Appeals of Texas · 1908
- City of Coleman v. KenleyCourt of Appeals of Texas · 1943
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