Legal Opinion

Texas Bank & Trust Co. v. Kelly

Court of Appeals of Texas

Decided March 14, 1918No. 821PublishedCited by 6 opinions

' Appeal from El Paso County Court; E. B. McClintoclc, Judge. Action by Mattie M. Kelly and another against the Texas Bank & Trust Company. From judgment for plaintiffs, defendant appeals.

1Opinion of the CourtHiggins, J.

Mrs. Kelly for the benefit of her separate estate borrowed $550 from the Texas Bank & Trust Company, appellant. To cover the loan she and her husband executed a note, and to secure its payment she pledged and deposited with the bank certain collateral owned by her as her separate property. The note given contained a clause providing that in the event of its nonpayment at maturity the bank was authorized to sell the collateral and apply the proceeds to the payment of the note. It was further provided that the surplus, if any, after the payment of the note, and any and all other indebtedness…

2Cases cited4 opinions

  1. Gorham v. FarsonIllinois Supreme Court · 1887
  2. Hamilton v. McLaughlinMassachusetts Supreme Judicial Court · 1887
  3. Northern Colorado Irrigation Co. v. RichardsSupreme Court of Colorado · 1896
  4. Bluntzer v. Dewees & HinkleTexas Supreme Court · 1891

3Cited by6 opinions

  1. Beaver v. BeaverCourt of Appeals of Texas · 1933
  2. White v. DennisCourt of Appeals of Texas · 1920
  3. Karnes v. BartonCourt of Appeals of Texas · 1925
  4. Grogan v. LeaCourt of Appeals of Texas · 1925
  5. Edson & Hamm, Inc. v. MurrayCourt of Appeals of Texas · 1926

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