Legal Opinion

Solomon v. Merchants' & Planters' Nat. Bank

Court of Appeals of Texas

Decided June 4, 1914No. 1272PublishedCited by 4 opinions

Appeal from Franklin County Court; J. J. Walker, Judge. Action by the Merchants’ & Planters’ National Bank and others against H. C. Solomon and others. From judgment for plaintiffs, defendants Solomon and another appeal.

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Appeal from Franklin County Court; J. J. Walker, Judge. Action by the Merchants’ & Planters’ National Bank and others against H. C. Solomon and others. From judgment for plaintiffs, defendants Solomon and another appeal. The appellee bank, plaintiff below, sought a recovery against appellees J. R. Penn and W. T. Barnett and appellant Solomon and Morton on a promissory note, whereby they and one J. T. Adair, and each of them, undertook to pay to the order of said bank on October 1, 1912, the sum of $336. In its petition the bank alleged that the other makers of the note were sureties for…

1Opinion of the CourtWillson, C. J.

(after stating the facts as above). [1-4] Various reasons why the court should not have peremptorily instructed the jury in favor of the bank for the amount due on the note are urged by appellants in their brief. It is insisted: First, that the testimony made an issue as to whether appellant Morton executed the note or not. But clearly, we think, it did not. While the note was not actually signed by Morton, it was signed by his son for him, and he testified he authorized his son to so sign it. It is next insisted that there was testimony showing that Solomon executed the note on the condition…

2Cases cited4 opinions

  1. First Nat. Bank of Midland v. PowellCourt of Appeals of Texas · 1912
  2. Peoples' Bank v. LegrandSupreme Court of Pennsylvania · 1883
  3. Davis v. GrayTexas Supreme Court · 1884
  4. Syler v. CulpCourt of Appeals of Texas · 1911

3Cited by4 opinions

  1. Potts v. BurkettCourt of Appeals of Texas · 1926
  2. Denton v. EnglishCourt of Appeals of Texas · 1914
  3. Guyler v. GuylerCourt of Appeals of Texas · 1920
  4. Denton v. EnglishCourt of Appeals of Texas · 1914

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