Hirshfield v. Fort Worth National Bank.
Texas Supreme Court
In the court below, the appellant, as plaintiff, filed suit against defendants, alleging in his petition that the Fort Worth National Bank was a banking corporation, duly incorporated under the laws of the United States, and that defendant Arnold was a notary public for Tar-rant County, and a clerk and employe of defendant bank; that on the 17tli day of September, 1890, plaintiff Hirshfield made, executed, and delivered to one J. W. Zook his certain promissory note in…
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In the court below, the appellant, as plaintiff, filed suit against defendants, alleging in his petition that the Fort Worth National Bank was a banking corporation, duly incorporated under the laws of the United States, and that defendant Arnold was a notary public for Tar-rant County, and a clerk and employe of defendant bank; that on the 17tli day of September, 1890, plaintiff Hirshfield made, executed, and delivered to one J. W. Zook his certain promissory note in writing for the sum of §225, which is set out in said petition as follows: “$225.00. “Fort Worth, Texas, September 17, 1890.…
1Opinion of the Court
MABB, Judge,
Section A.—If the facts alleged in the petition constitute a cause of action in any view of the case under the law, then it was not subject to the general demurrer.
Was the protest prematurely made, and consequently unauthorized and wrongful? We think so, unless the recognized rule under the law-merchant has been changed by our own statutory enactments. There is a conflict of authority, but, as we think, the weight of the authorities and the reasoning support the proposition that in case of a non-negotiable note, or a negotiable one without “days of grace” (like that in hand),…
2Cases cited17 opinions
- Bradstreet Co. v. GillTexas Supreme Court · 1888
- Trawick v. Martin Brown Co.Texas Supreme Court · 1890
- Avery v. StewartSupreme Court of Connecticut · 1816
- Salter v. BurtNew York Supreme Court · 1838
- Taylor v. HallTexas Supreme Court · 1888
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3Cited by26 opinions
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