Elliott v. First Nat. Bank of Ft. Stockton
Texas Supreme Court
Error to the Court of Civil Appeals, Fourth District, in an appeal from Pecos County. The hank sued Elliott and Kilpatrick and obtained judgment. Defendant Elliott appealed, and obtained a writ of error on judgment reformed and rendered by the appellate court.
1Opinion of the CourtJustice Phillips
This was a suit by the First State Bank of Fort Stockton against D. S. Elliott, as the drawer, and O. H. Kilpatrick, as the indorser, of a check drawn by Elliott in Kilpatrick’s favor on July 11, 1908, for the sum of $1,790.00 on the City National Bank of Corpus Christi, which on the same day was cashed by the plaintiff for Kilpatrick, the payment of which was refused by the City National Bank of Corpus Christi on presentation. The check was given by Elliott to Kilpatrick in completion of a land purchase. Prior to its date Elliott’s father had deposited to Elliott’s credit in the City…
2Cases cited1 opinion
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
3Cited by7 opinions
- Wood v. Canfield Paper Co.Texas Supreme Court · 1928
- Hoffer v. Eastland Nat. BankCourt of Appeals of Texas · 1943
- Moore v. BeltCourt of Appeals of Texas · 1918
- Watson v. JacksonCourt of Appeals of Texas · 1924
- Selma Savings Bank v. Webster County BankCourt of Appeals of Kentucky · 1918
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