Johnson v. Holland
Court of Appeals of Texas
Appeal from Rusk County Court. Action by C. E. Holland against Jim Johnson, Sr., Annie Johnson, and Jim Johnson, Jr. From a judgment for plaintiff against defendant Annie Johnson alone, said defendant appeals. The suit is by the appellee on. a promissory note. Jim Johnson, Jr., pleaded his minority as a defense, and Annie Johnson her cover-ture. Jim Johnson, Sr., pleaded non est factum.
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Appeal from Rusk County Court. Action by C. E. Holland against Jim Johnson, Sr., Annie Johnson, and Jim Johnson, Jr. From a judgment for plaintiff against defendant Annie Johnson alone, said defendant appeals. The suit is by the appellee on. a promissory note. Jim Johnson, Jr., pleaded his minority as a defense, and Annie Johnson her cover-ture. Jim Johnson, Sr., pleaded non est factum. On March 30, 1914, Annie Johnson and son Jim Johnson, Jr., signed and delivered to the plaintiff the note sued on. Jim Johnson, Jr., was under 21 years of age, and Annie Johnson was a married woman at the time…
1Opinion of the CourtLevy, J.
(after stating the facts as above). The evidence establishes the facts that Annie Johnson, the appellant, is a married woman, not separated nor divorced from her husband, and that the consideration for the note was a previous debt due to appel-lee by the husband of appellant. A married woman is not liable on a note executed by her where the consideration was a previous debt due the payee from her husband. Red River National Bank v. Ferguson, 192 S. W. 1088; Dry Goods Co. v. Carter, 52 Tex. Civ. App. 294, 113 S. W. 782; Bank of Tinkham, 195 S. W. 880; Akin v. Thompson, 196 S. W. 625. The…
2Cases cited5 opinions
- Red River Nat. Bank v. Ferguson.Court of Appeals of Texas · 1917
- Stroter v. BrackenridgeTexas Supreme Court · 1909
- First State Bank of Tomball v. TinkhamCourt of Appeals of Texas · 1917
- Akin v. ThompsonCourt of Appeals of Texas · 1917
- Burnham-Hanna-Munger Drygoods Co. v. CarterCourt of Appeals of Texas · 1908
3Cited by1 opinion
- Schenck v. Foster Building & Realty Co.Court of Appeals of Texas · 1919