Altgelt, Administrator v. National Bank
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Bexar County. The Alamo Rational Bank sued Altgelt, as administrator, on notes given by an independent executor previously administering the estate, in the name of Blmendorf & Co. and had recovery in accordance with peremptory instructions by the trial court. Defendant appealed, and on affirmance obtained writ of error.
1Opinion of the Court
BROWN, Associate Justice.
This suit was instituted by the Alamo National Bank against George C. Altgelt, as administrator of the estate of Amalie Elmendorf, on five promissory notes aggregating $54,000 principal. Each note bears 10 per cent interest from maturity, and provides for 10 per cent additional as attorney’s fee if placed in the hands of an attorney for collection. All are made payable to the order of the Alamo National Bank, and are signed “Elmendorf & Co.” and are alleged to have been executed after the death of Amalie Elmendorf by Henry Elmendorf, as independent executor of her…
2Cases cited4 opinions
- Hooper v. Mayor of BaltimoreCourt of Appeals of Maryland · 1859
- Greenwood v. GreenwoodCourt of Appeals of Maryland · 1868
- Rogers v. FlournoyCourt of Appeals of Texas · 1899
- Martin v. . CopeNew York Court of Appeals · 1863
3Cited by27 opinions
- Martin v. DialTexas Commission of Appeals · 1933
- Amarillo Nat. Bank v. HarrellCourt of Appeals of Texas · 1913
- Brown v. FlemingTexas Commission of Appeals · 1919
- Dial v. MartinCourt of Appeals of Texas · 1931
- Bahr v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1941
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