Legal Opinion

Standard v. Thurmond

Court of Appeals of Texas

Decided November 28, 1912PublishedCited by 6 opinions

Appeal from Taylor County Court; T. A. Bledsoe, Judge. Action by W. P. Thurmond against W. J. Standard, judgment for plaintiff, and defendant appeals.

1Opinion of the CourtWillson, C. J.

By his promissory note dated March 28, 1907, appellant undertook to pay to appellee’s order October 1, 1907, “waiving grace and protest,” $213, interest and attorney’s fees. By his suit commenced October 2, 1911, appellee sought a recovery on the' note. As a defense against such a recovery appellant set up the statute requiring a suit based on such a cause of action to be commenced within four years from the time the cause of action accrues. Sayles’ Stat. art. 3356. A judgment having been rendered in favor of appellee for the amount of the note, appellant prosecuted this appeal.

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2Cases cited5 opinions

  1. Hanover Fire Insurance v. Shrader & RogersTexas Supreme Court · 1895
  2. Smith v. DickeyTexas Supreme Court · 1889
  3. Hirshfield v. Fort Worth National Bank.Texas Supreme Court · 1892
  4. Lovins v. HumphriesSupreme Court of Alabama · 1880
  5. Perkins v. President of the Franklin BankMassachusetts Supreme Judicial Court · 1839

3Cited by6 opinions

  1. Fulghum v. BaxleyCourt of Appeals of Texas · 1949
  2. Key v. ForshagenCourt of Appeals of Texas · 1933
  3. Payne v. WittenbergCourt of Appeals of Texas · 1922
  4. Taylor v. Aetna Life Ins.District Court, N.D. Texas · 1943
  5. Koethe v. HugginsCourt of Appeals of Texas · 1926

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