Brown v. First State Bank
Court of Appeals of Texas
Appeal from District Court, Fayette County; Frank S. Roberts, Judge. Action by L. D. Brown, trustee in bankruptcy of the estate of Staches Yacek, a bankrupt, against the First State Bank of Weimar, Tex., and the Schuhmacher Company. Judgment for defendants, and plaintiff appeals.
1Opinion of the CourtGraves, J.
This is purely a fact case. The only issue in the trial court was: Did appellees, or either of them, have reasonable cause to believe that the enforcment of the deeds of trust and the payment of the $1,-119.78 in cash to the appellees Schuhmacher Company would effect a preference to them over other creditors of Yacek? That court, by its general judgment in appellees’ favor, having necessarily found that the evidence failed to show that they did have reasonable cause for such belief, obviously the sole issue presented by the appeal from that judgment to this court is whether or not. the trial…
2Cases cited3 opinions
- Grant v. National BankSupreme Court of the United States · 1878
- Stucky v. Masonic Savings BankSupreme Court of the United States · 1883
- Couturie v. Crespi.Court of Appeals of Texas · 1911