State Nat. Bank of S.A. v. East Coast Oil Co.
Texas Supreme Court
Motion in the Supreme Court for rehearing on an application for writ of error which had been refused. The State National Bank of San Antonio sued the East Coast Oil Co., S. A., and others, and appealed from a small judgment in its favor against the first named defendant. This being affirmed, appellant applied for writ of error. The opinion on appeal is reported in 208 S. W., 190.
1Opinion of the CourtJustice Hawkins
delivered the following dissenting opinion:
That, for all purposes, and although never actually presented for payment,, a draft drawn payable “at sight” and put into circulation becomes due and payable at expiration of three days of grace thereafter; and, consequently, in all instances, any subsequent purchaser of such draft, no matter how he may acquire it,, takes it after maturity, and, therefore, subject to all equities existing between the original parties, is, in legal effect, the decision of this court in refusing, in this case, the bank’s application for a writ of error, and in…
2Cases cited32 opinions
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