Tinsley v. Penniman
Court of Appeals of Texas
Appeal from Dallas. Tried below before Hon. E. E. Burke. 1. In order to make a liability for notary fees, there must be some intermediate indorser connected with the bill whose liability is sought to be fastened by the protest. 2 Dan. on Neg. Inst., secs. 932, 933. 2. An amendment which sets up a new cause of action will not relate back to the time of filing the original petition.
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Appeal from Dallas. Tried below before Hon. E. E. Burke. 1. In order to make a liability for notary fees, there must be some intermediate indorser connected with the bill whose liability is sought to be fastened by the protest. 2 Dan. on Neg. Inst., secs. 932, 933. 2. An amendment which sets up a new cause of action will not relate back to the time of filing the original petition. Tinsley v. Penniman, 83 Texas, 54; Wortham v. Boyd, 66 Texas, 401; Henderson v. Kissam, 8 Texas, 46; Beal v. Alexander, 6 Texas, 532. 3. The statute of limitations of two years is a bar to a recovery on all causes…
1Opinion of the Court
LIGHTFOOT, Chief Justice.
This suit was originally brought on a draft for $2270.90, drawn by appellee upon appellant, about May 15, 1888, in favor of the Fourth National Bank, and which, not being accepted or paid by the drawee, was taken up and paid by appellee, the drawer, together with $1.25 protest fees. This is the second appeal, the case having been before the Supreme Court in Tinsley v. Penniman, reported in 83 Texas, 54.
After the reversal of the case, the plaintiff below, H. C. Penniman, amended his pleadings and set out specifically what the draft was drawn for, in substance: That…
2Cases cited2 opinions
- Doggett v. PattersonTexas Supreme Court · 1856
- Tinsley v. PennimanTexas Supreme Court · 1892
3Cited by7 opinions
- Orbeck v. AlfeiCourt of Appeals of Texas · 1925
- First National Bank of Berwyn v. RaymerSupreme Court of Oklahoma · 1937
- Lewis v. TaylorCourt of Appeals of Texas · 1918
- Coker v. MottCourt of Appeals of Texas · 1916
- Beard v. Gulf, C. & S. F. Ry. Co.Court of Appeals of Texas · 1913
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