Red River National Bank v. Ferguson
Texas Supreme Court
Error to the Court of Civil Appeals for the Sixth District in an appeal from Bed River County. The Bed River National Bank sued J. E. Ferguson as principal, and his wife and others as sureties, upon their note. It recovered against all the defendants except the wife, Bessie E. Eerguson, who had pleaded coverture. On appeal by the bank the judgment was affirmed, and appellant then obtained writ of error.
1Opinion of the CourtChief Justice Phillips
It was sought in the trial court to charge Bessie E. Ferguson, the wife of J. E. Ferguson, as a signer upon a note given by her husband as principal, and others as his sureties. Her coverture was duly pleaded, and it was found by the court that the note was not given for necessaries for herself or children or for the benefit of her separate estate. This made her relation to the transaction simply that of a surety for her husband. Under the law of the State as it existed prior to the passage of what is known as the Married Woman’s Act of 1913 [Act of March 21, 1913, Laws 33rd Leg., p. 61], she…
2Cases cited21 opinions
- Kempner v. Comer, Fairris & DialTexas Supreme Court · 1889
- Kellett v. TriceTexas Supreme Court · 1902
- Union Trust Co. v. GrosmanSupreme Court of the United States · 1918
- Missouri, Kansas & Texas Railway Co. v. MahaffeyTexas Supreme Court · 1912
- Cruger v. McCrackenTexas Supreme Court · 1895
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3Cited by122 opinions
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- Jasper State Bank v. BraswellTexas Supreme Court · 1938
- Whitney Hardware Co. v. McMahanTexas Supreme Court · 1921
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