Legal Opinion

First Nat. Bank of Beaumont v. Union Trust Co.

Court of Appeals of Texas

Decided March 12, 1913PublishedCited by 5 opinions

Appeal from District Court, Travis County; George Calhoun, Judge. Action by the State against the Union Trust Company for dissolution, in which the First National Bank of Beaumont filed a claim for preference concerning certain items sent to the insolvent company for collection. From a judgment allowing the claim, but refusing the preference, claimant appeals.

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Appeal from District Court, Travis County; George Calhoun, Judge. Action by the State against the Union Trust Company for dissolution, in which the First National Bank of Beaumont filed a claim for preference concerning certain items sent to the insolvent company for collection. From a judgment allowing the claim, but refusing the preference, claimant appeals. The nature and result of this suit are stated as follows in appellant’s brief: “This suit was instituted by the state of Texas, as plaintiff, against the Union Trust Company, an insolvent banking corporation created by special act of…

1Opinion of the CourtKey, C. J.

(after stating the facts as above). Counsel for appellant contend that the trial court committed reversible error iu refusing to accord to appellant’s claim a preference over general creditors, and rely upon Continental Nat. Bank v. Weems, 69 Tex. 489, 6 S. W. 802, 5 Am. St. Rep. 85, in support of that contention. Counsel for ap-pellees controverts that proposition and presents the contention that Bank v. Weems supports the action of the trial court in this ease in refusing to allow the preference contended for. In that case our Supreme Court dealt with a ease in which a bank had received…

2Cases cited6 opinions

  1. National Bank v. Insurance Co.Supreme Court of the United States · 1881
  2. The People v. . the City Bank of RochesterNew York Court of Appeals · 1884
  3. Peak v. EllicottSupreme Court of Kansas · 1883
  4. Harrison v. SmithSupreme Court of Missouri · 1884
  5. Continental National Bank v. WeemsTexas Supreme Court · 1888

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. First State Bank of Bristow v. O'BannonSupreme Court of Oklahoma · 1928
  2. First National Bank v. Commercial Bank & Trust Co.Supreme Court of Virginia · 1934
  3. First Nat. Bank of Center v. BoltonCourt of Appeals of Texas · 1926
  4. Opinion No., Texas Attorney General Reports1986
  5. Untitled Texas Attorney General Opinion, Texas Attorney General Reports1986

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