National Equitable Soc. of Belton v. Carpenter
Court of Appeals of Texas
Appeal from Bowie County Court; Lee Tidwell, Judge. Suit by J. W. Carpenter against the National Equitable Society of Belton. Judgment for plaintiff, and defendant appeals. The suit was by appellee against appellant. It was to recover baclr $110 paid by the former to the latter for and on one of its “loan contracts,” and was commenced in a justice court.
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Appeal from Bowie County Court; Lee Tidwell, Judge. Suit by J. W. Carpenter against the National Equitable Society of Belton. Judgment for plaintiff, and defendant appeals. The suit was by appellee against appellant. It was to recover baclr $110 paid by the former to the latter for and on one of its “loan contracts,” and was commenced in a justice court. As grounds for the recovery he sought, appellee alleged as follows: “That defendant is a corporation under the laws of the state of Texas, and on the 26th clay of February, A. D. 1913, was pretending to make loans, for the purpose of…
1Opinion of the Court
(after stating the facts as above). The theory upon which the suit was brought and prosecuted was that appellee, having a right to do so, had rescinded the contract he entered into with appellant and was entitled to recover back the sum he had paid to it. Without deciding whether they were or not, it may be conceded, in disposing of the appeal, that the representations made by the agent (King) and relied upon by appellee, as he claimed, were of such a character as would have entitled him to a rescission had it appeared that King was authorized by appellant to make them on its behalf; for if…
2Cases cited4 opinions
- Wooters v. International & G. N. R. R. Co.Texas Supreme Court · 1881
- Delaware Insurance v. HarrisCourt of Appeals of Texas · 1901
- National Guarantee & Loan Co. v. ThomasCourt of Appeals of Texas · 1902
- Great Eastern Casualty Co. v. ThomasCourt of Appeals of Texas · 1915
3Cited by10 opinions
- Manhattan Life Ins. Co. v. StubbsTexas Commission of Appeals · 1921
- Natl. Union Fire Ins. Co. v. PeckCourt of Appeals of Texas · 1927
- Patterson v. Yellow Cab Mfg. Co.Court of Appeals of Texas · 1927
- Sutton v. GROGAN SUPPLY COMPANY, LUMBER DIVISIONCourt of Appeals of Texas · 1972
- Bradford v. ThompsonCourt of Appeals of Texas · 1970
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