Legal Opinion

Spurgin v. Denton County Nat. Bank

Court of Appeals of Texas

Decided July 2, 1921No. (9464.)PublishedCited by 4 opinions

Error from Denton County Court; Ed. I. Key, Judge. Suit by the Denton County National Bank against A. M. Spurgin and another. Judgment for plaintiff, and named defendant brings error.

1Opinion of the CourtDunklin, J.

This suit was upon three promissory' notes, one for $250, dated March 27, 1918, one for $250, dated April 16, 1918, and one for $10,0, dated June 19, 1918, all made payable September 27, 1918. The notes were all executed by W. A. Boyd, payable to the order of A. M. Spurgin, and indorsed by Spurgin to the Denton County National Bank, who sued the maker and the indorser, and recovered judgment against both.

[1] The liability of appellant, Spurgin, was fixed by the terms of the written instrument and his indorsement thereof, and it was not permissible to prove by parol testimony that bis…

2Cases cited3 opinions

  1. Francis Smith & Co. v. OjerholmTexas Supreme Court · 1899
  2. Smith v. T. M. Richardson Lumber Co.Texas Supreme Court · 1899
  3. McCamant v. McCamantCourt of Appeals of Texas · 1918

3Cited by4 opinions

  1. Brooks v. American Nat. Bank of BeaumontCourt of Appeals of Texas · 1937
  2. Woods-Taylor & Co. v. SmithCourt of Appeals of Texas · 1926
  3. Horton v. BoldingCourt of Appeals of Texas · 1933
  4. Wood's Garage & Implement Co. v. McAllen State BankCourt of Appeals of Texas · 1950

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