Legal Opinion

Naylor v. Anderson

Court of Appeals of Texas

Decided April 24, 1915No. 8175PublishedCited by 2 opinions

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

  1. National Bank of Commerce v. GilvinCourt of Appeals of Texas · 1912

3Cited by2 opinions

  1. Self Motor Co. v. First State Bank of CrowellCourt of Appeals of Texas · 1920
  2. Hays v. First State Bank of Dell CityCourt of Appeals of Texas · 1964

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