Simmons v. Hodges
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Northern District of Texas; Edward R. Meek, Judge. Action by Floyd R. Hodges against W. W. Simmons and others. There was a judgment for plaintiff, and defendants bring error.
1Opinion of the Court
GRUBB, District Judge.
The writ of error was taken from a judgment of the District Court in an action on a negotiable note; the plaintiffs in error being the makers, and the defendant in error the transferee and holder, of the note. The parties waived a jury trial, and the judgment was rendered by the District Judge, who made no special finding of facts.
The makers of the note defended the action in the District Court upon the theory that the note was made conditional and nonnegotiable by a written memorandum attached to it, hut which had become detached and lost before suit brought on it. The…
2Cases cited4 opinions
- Van Winkle Gin & MacHinery Co. v. Citizens' Bank of BuffaloTexas Supreme Court · 1896
- Dresser v. Missouri & Iowa Railway Construction Co.Supreme Court of the United States · 1876
- Adams v. SouleSupreme Court of Vermont · 1860
- Greenwood v. LoweSupreme Court of Louisiana · 1852
3Cited by6 opinions
- Pennoyer v. Dubois State BankWyoming Supreme Court · 1926
- People's Savings Bank v. SmithSupreme Court of Iowa · 1930
- Second Nat. Bank of Hoboken v. McGeheeCourt of Appeals of Texas · 1922
- Commercial Security Co. v. CollinsCourt of Appeals of Texas · 1919
- Landers Co. v. Lincoln-Alliance BankCourt of Appeals for the Fifth Circuit · 1924
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