Legal Opinion

Clark v. First Nat. Bank of New Boston

Texas Commission of Appeals

Decided April 2, 1919No. 63-2803PublishedCited by 8 opinions

Error to Court of Civil Appeals of Sixth. Supreme Judicial District. Suit by the First National Bank of New Boston against L. C. Clark and another. There was a judgment of the Court of Civil Appeals (172 S. W. 747), reversing a judgment in favor of defendants, and the named defendant brings error.

1Opinion of the CourtMontgomery, P. J.

The facts are fully stated in the opinion of the Court of Civil Appeals. 172 S. W. 747.

O. J. Daniel and Media Daniel were husband and wife, and on February 27, 1909, O. J. Daniel executed the note sued on in renewal of a vendor’s lien note which he had previously assumed. He at the same time made an agreement renewing the vendor’s lien. The note was payable on demand, and therefore in the ordinary course of things would have become barred by limitation on February 28, 1913. O'. J. Daniel died on December 24, 1912, and left his wife surviving him. On January 6, 1913, the wife, Media Daniel…

2Cases cited3 opinions

  1. Jones v. McRaeCourt of Appeals of Texas · 1897
  2. Mann v. EarnestCourt of Appeals of Texas · 1894
  3. First Nat. Bank of New Boston v. DanielCourt of Appeals of Texas · 1914

3Cited by8 opinions

  1. Clemens v. CommissionerUnited States Tax Court · 1947
  2. Coghlan v. SullivanCourt of Appeals of Texas · 1972
  3. Alamo Candy Company v. ZachariasCourt of Appeals of Texas · 1966
  4. Anderson v. BundickCourt of Appeals of Texas · 1951
  5. Wilson v. ConeCourt of Appeals of Texas · 1944

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