Midland & N. W. Ry. Co. v. Midland Mercantile Co.

Statement of Case.

HIGGINS, J.

' The Midland Mercantile

Company, appellee, brought this s.uit against the appellant and recovered judgment as prayed for. The questions presented by the appeal arise upon the pleadings. For this reason the substance of the allegations will be stated.' The allegations of plaintiff’s original petition are as follows: That the defendant is a railway corporation, incorporated under the laws of Texas; that on June 17, 1918, defendant by and through its president, T. J. O’Donnell, executed and delivered to plaintiff its certain trade acceptance in writing due August 17,…