Naylor v. Anderson
Court of Appeals of Texas
Appeal from Knox County Court; J. H. Milam, Judge. Action by John Naylor against T. M. An- • derson. From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtDunklin, J.
John Naylor instituted this suit against T. M. Anderson upon a promissory note executed by Anderson and W. D. Phy, payable to plaintiff, and from a judgment in favor of defendant, plaintiff has appealed.
In the petition plaintiff alleged that Phy was not sued because he was insolvent and a nonresident of the state, and that his residence was unknown.
The trial was by the court without the aid _ of a jury, and the following are the findings ' of fact and conclusions of law filed by the trial judge:
“Findings of Fact.
“First. The note sued on was executed by W. D. Phy as principal and T. M.…
2Cases cited1 opinion
- National Bank of Commerce v. GilvinCourt of Appeals of Texas · 1912
3Cited by2 opinions
- Self Motor Co. v. First State Bank of CrowellCourt of Appeals of Texas · 1920
- Hays v. First State Bank of Dell CityCourt of Appeals of Texas · 1964