Citizens Bank v. City of Terrell
Texas Supreme Court
Appeal from Kaufman. Tried below before Hon. Anson Rainey. This is a suit brought by the Citizens Bank of Texarkana, Texas, in the 'County Court of Kaufman County, August 31, 1886, against the city of Terrell, Texas, to recover the amount alleged to be due on six coupons issued by the city for $70 each, payable to bearer, and each due on the 1st day of May, 1885. The county judge being disqualified, the cause was transferred to the District Court November 27, 1888. The city…
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Appeal from Kaufman. Tried below before Hon. Anson Rainey. This is a suit brought by the Citizens Bank of Texarkana, Texas, in the 'County Court of Kaufman County, August 31, 1886, against the city of Terrell, Texas, to recover the amount alleged to be due on six coupons issued by the city for $70 each, payable to bearer, and each due on the 1st day of May, 1885. The county judge being disqualified, the cause was transferred to the District Court November 27, 1888. The city of Terrell answered (1) by general denial; (2) failure of consideration, alleging that the coupons sued on were…
1Opinion of the Court
HENRY, Associate Justice.
—Appellant instituted this suit in the County Court, from which it was transferred to the District Court, to-recover upon six coupon notes for 870 each, charged to have been executed by appellee, a municipal corporation under the general laws of this State having a population of less than 10,000 inhabitants.
The defendant pleaded its want of authority under the Constitution and laws of this State to execute the obligations. The cause was tried by the court without a jury and judgment was rendered for the defendant. The facts as found by the court are as follows:
The…
2Cases cited2 opinions
- McPherson v. Foster Bros.Supreme Court of Iowa · 1876
- Daviess County v. DickinsonSupreme Court of the United States · 1886
3Cited by72 opinions
- Foster v. City of WacoTexas Supreme Court · 1923
- Carroll v. Williams, County TreasurerTexas Supreme Court · 1918
- Texas-Louisiana Power Co. v. City of FarmersvilleTexas Commission of Appeals · 1933
- Zachry v. City of San AntonioTexas Supreme Court · 1957
- Nolan County v. StateTexas Supreme Court · 1891
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