Legal Opinion

Cunningham v. M. W. B. G. Daves

Court of Appeals of Texas

Decided November 22, 1911PublishedCited by 7 opinions

Appeal from Palo Pinto County Court; J. C. Houts, Judge. Action by M. W. & B. G. Daves against J. L. Cunningham. From a judgment for plaintiffs, defendant appeals.

1Opinion of the Court

Findings of Fact.

JENKINS, J.

This suit was originally brought in the justice’s court upon oral pleadings.

Upon the trial in the county court, the pleadings were reduced to writing, and are, in substance, as follows: The plaintiffs alleged that on or about June 19, 1909, they deposited with the defendant, who was a banker, the sum of $250, and thereafter checked on said account $169.65, leaving a balance due on said deposit of $80.35; that on September 24, 1909, they drew a check for said amount, the payment of which was refused by the defendant.

Defendant answered, admitting that he owed the…

2Cases cited1 opinion

  1. Smith v. Traders National BankTexas Supreme Court · 1889

3Cited by7 opinions

  1. First State Bank of Amarillo v. CooperCourt of Appeals of Texas · 1915
  2. Kennedy v. McCauleyCourt of Appeals of Texas · 1922
  3. Knight Realty Co. v. WilliamsCourt of Appeals of Texas · 1917
  4. Smith v. PattersonCourt of Appeals of Texas · 1927
  5. Walker v. MoneyCourt of Appeals of Texas · 1936

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