Legal Opinion

Waters v. Byers Bros. & Co.

Court of Appeals of Texas

Decided June 29, 1921No. 1818PublishedCited by 15 opinions

Appeal from District Court, Hemphill County; W. R. Ewing, Judge. Action by Byers Bros. & Co., a livestock commission corporation, against Thomas Waters. Judgment for plaintiff on sustaining a general demurrer to the answer, and defendant appeals.

1Opinion of the Court

Appellee, a live stock commission corporation, sued the appellant to recover upon a series of notes, payable to appellee, and to foreclose a chattel mortgage upon certain live stock and a deed of trust upon certain lands described in the instruments which were executed to secure payment of the notes. The court sustained a general demurrer to appellant's answer which, omitting the formal parts, is as follows:

"(1) Defendant says that the notes which formed the basis of the plaintiff's suit are renewal notes, of a series of notes given by the defendant to plaintiff, on or about the ____, day of…

2Cases cited78 opinions

  1. Burke v. DulaneySupreme Court of the United States · 1894
  2. Benton v. . MartinNew York Court of Appeals · 1873
  3. Higgins v. . RidgwayNew York Court of Appeals · 1897
  4. Thomas v. HammondTexas Supreme Court · 1877
  5. First State Bank v. KellyNorth Dakota Supreme Court · 1915

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3Cited by15 opinions

  1. Barton v. Farmers' State BankTexas Commission of Appeals · 1925
  2. Shepherd v. Woodson Lumber Co.Court of Appeals of Texas · 1933
  3. Roddy v. Citizens' State Bank of CopevilleCourt of Appeals of Texas · 1928
  4. Stavely v. StavelyCourt of Appeals of Texas · 1936
  5. Lee v. First Nat. Bank of PurdonCourt of Appeals of Texas · 1923

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