Harper v. Winfield State Bank
Court of Appeals of Texas
Appeal from Titus County Court; Sam Porter, Judge. Action by the Winfield State Bank against Walter Harper and others. Judgment for plaintiff, and defendant Harper appeals.
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Appeal from Titus County Court; Sam Porter, Judge. Action by the Winfield State Bank against Walter Harper and others. Judgment for plaintiff, and defendant Harper appeals. The suit was by the appellee bank to recover $114.55 as due against the maker, indorser of, and drawee of the following draft: “Winfield, Texas, October 29, 1913. “Pay to the order of the Winfield State Bank nine hundred ninety-nine dollars and eighty-two cents for value received and charge to account of • Walter Harper. “To Felix Nelson, Sulphur Springs, Texas.” The maker of the draft, Walter Harper, interposed a plea of…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1] The appellant contends that the court was in error in overruling his plea of privilege to be sued in the place of his residence. It is thought that the provision of the statute authorizing suits to be brought against plural defendants in the county where any one of them resides is applicable to this suit. According to the face of the draft sued upon, the bank was the payee. And the object of drawing the draft in favor of the bank instead of Miller & Tabb was, it appears, for the purpose of having the bank credit Miller & Tabb with the proceeds of the…
2Cases cited6 opinions
- Cobb v. BarberTexas Supreme Court · 1898
- Texas & Pacific Railway Co. v. MangumTexas Supreme Court · 1887
- Mathonican v. Scott & BaldwinTexas Supreme Court · 1894
- City of Quanah v. WhiteTexas Supreme Court · 1894
- Turner v. BrooksCourt of Appeals of Texas · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
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- Harris v. WillsonTexas Supreme Court · 1933
- Peter v. First Nat. Bank of La GrangeCourt of Appeals of Texas · 1936
- Storrs-Schaefer Co. v. SheltonCourt of Appeals of Texas · 1935
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