Liddell, Johnson & Garmany v. Crain
Texas Supreme Court
Error from Lamar. Tried below before the Hon. R. R. Gaines. Suit brought by plaintiffs in error May 17, 1875, against Jasper Grain, Silas Grain, J. C. Schenck, W. B. Wright and H. D. McDonald, to cancel a note executed by plaintiffs December 10, 1874, to Jasper Grain and Silas Grain, or order, for $787.50, due December 25, 1875, drawing ten per cent, interest from date; which note plaintiffs alleged was procured by fraud, and the consideration had wholly failed, because the…
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Error from Lamar. Tried below before the Hon. R. R. Gaines. Suit brought by plaintiffs in error May 17, 1875, against Jasper Grain, Silas Grain, J. C. Schenck, W. B. Wright and H. D. McDonald, to cancel a note executed by plaintiffs December 10, 1874, to Jasper Grain and Silas Grain, or order, for $787.50, due December 25, 1875, drawing ten per cent, interest from date; which note plaintiffs alleged was procured by fraud, and the consideration had wholly failed, because the property sold plaintiffs, and which was the consideration of the note, was incumbered by two certain deeds of trust,…
1Opinion of the Court
Bonner, Associate Justice.
In this case a jury was waived and cause submitted to the court.
Plaintiffs’ propositions, under their first assigned error, and which present the questions of law arising thereunder, are that:
“1. J. C. Schenck was chargeable with notice of the failure of consideration of the note sought to be cancelled, because he was a party to the deeds of trust executed on the same property for which it was given, through which the consideration failed.
“2. Notice to one member of a firm of the fraud or failure of consideration of a note given for property belonging to the firm is…
2Cases cited2 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Greneaux v. WheelerTexas Supreme Court · 1851
3Cited by13 opinions
- Kauffman & Runge v. RobeyTexas Supreme Court · 1883
- Harper v. First State Bank of Grand PrairieCourt of Appeals of Texas · 1928
- Daniel v. SpaethCourt of Appeals of Texas · 1914
- Thomson v. Findlater Hardware Co.Court of Appeals of Texas · 1913
- Commercial Guaranty State Bank v. City of LongviewCourt of Appeals of Texas · 1928
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