Legal Opinion

Stanton v. Security Bank & Trust Co.

Court of Appeals of Texas

Decided May 26, 1921No. 1237PublishedCited by 2 opinions

Error from District Court, El Paso County ; Ballard Coldwell, Judge. Action by the Security Bank & Trust Company against M. W. Stanton and another. Judgment for plaintiff, and cross-action of the named defendant against his co-defendant dismissed, and the named defendant brings error.

1Opinion of the CourtHiggins, J.

The Security Bank & Trust Company brought this suit against M. W. Stanton and John E. Weeks to recover upon a promissory note in its favor executed by Stanton and the firm of Stanton & Weeks, and for foreclosure of lien upon certain shares of stock which 'had been pledged to secure the payment of the note. Erom a judgment in favor of plaintiff, Stanton appeals.

Under the third assignment it is complained that the judgment is excessive, in that it allowed: First, 10 per cent, interest on the attorney’s fees recovered; second, in allowing 10 per cent, attorney’s fees instead of 6 per cent.

[1, 2]…

2Cases cited4 opinions

  1. J. M. Hamilton & Co. v. PrescottTexas Supreme Court · 1889
  2. Missouri, Kansas & Texas Railway Co. v. EnosTexas Supreme Court · 1899
  3. Missouri, Kansas & Texas Railway Co. v. StarrCourt of Appeals of Texas · 1899
  4. Hays v. PerkinsCourt of Appeals of Texas · 1899

3Cited by2 opinions

  1. Stanton v. Security Bank & Trust Co.Texas Commission of Appeals · 1922
  2. National Deposit Bank of Owensboro v. MontgomeryCourt of Appeals of Texas · 1925

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