Simon v. Temple Lumber Co.

This is a second appeal of tMs case. The opinion of the court disposing of the first appeal is reported in 146 S. W. 592.

The Temple Lumber Company sued Phil Simon on a draft for $564.82, alleged to have been drawn by the defendant in favor of plaintiff on the Brookland State Bank. On presentation, payment was refused. A trial before the court without a jury resulted in a judgment for plaintiff for the amount sued for, and defendant has appealed.

At the time of the institution of the suit the plaintiff sued out a writ of attachment, which was levied upon the property of defendant, which was…