Legal Opinion

Blackwell v. Farmers & Merchants National Bank

Texas Supreme Court

Decided March 24, 1904No. 1301PublishedCited by 4 opinions

Error to the Court of Civil Appeals for the Fifth District, in an appeal from Johnson County. The bank sued Blackwell and Durham on notes and the latter alleged suretyship as against Blackwell. Plaintiff had judgment against both and Durham judgment against Blackwell, who appealed and on affirmance obtained writ of error.

1Opinion of the Court

WILLIAMS, Associate Justice.

J. E. Blackwell and B. L. Durham were partners in the drug business with a stock of goods which, for convenience, is called the “Laclede stock.” Desiring to purchase another stock called the "Overton stock,” they borrowed from the Farmers and Merchants National Bank $2819 with which to pay for it, and executed six promissory notes payable at different dates, five for $500 each and the sixth for $319. The purchase of the Overton stock was consummated, and, for a while thereafter, Blackwell and Durham, as partners, conducted two businesses in separate buildings. They…

2Cases cited2 opinions

  1. Anderson v. SillimanTexas Supreme Court · 1899
  2. Rogers v. NicholsTexas Supreme Court · 1858

3Cited by4 opinions

  1. Rutledge v. EvansCourt of Appeals of Texas · 1920
  2. Farmers' Nat. Bank v. Dublin Nat. BankCourt of Appeals of Texas · 1932
  3. Egan v. American State BankCourt of Appeals of Texas · 1934
  4. Levin v. SteinleCourt of Appeals of Texas · 1918

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