George v. Smith
Court of Appeals of Texas
Appeal from District Court, Harris County; W. E. Monteith, Judge. Action by Walter F. Smith and others against Clifton George. From judgment for plaintiffs, defendant appeals.
1Opinion of the CourtGraves, J.
In this cause appellant, sued in the court below as indorser upon a promissory note which on its face contained an express waiver of grace and protest, complains of an instructed verdict and consequent judgment against the maker of the note and himself. His contention is that neither the pleadings nor proof indicated that proper steps had been taken to fix liability against himself as the indorser of the note, or any excuse for a failure to take them.
The position cannot be sustained. The note itself was in evidence, and, as stated, its terms embraced a specific waiver of both grace and…
2Cases cited4 opinions
- State Nat. Bank of Ft. Worth v. VickeryTexas Commission of Appeals · 1918
- Archenhold Co. v. SmithCourt of Appeals of Texas · 1920
- Central Bank & Trust Co. of Houston v. HillCourt of Appeals of Texas · 1913
- Costin v. Burton-Lingo Co.Court of Appeals of Texas · 1909