Taylor v. Hemphill
Court of Appeals of Texas
Appeal from District Court, Coleman County; J. O. Woodward, Judge. Action by F. Wal Taylor against C. W. Hemphill and others. Judgment for defendants, and plaintiff appeals.
1Opinion
On Rehearing.
Both sides have filed motions for rehearing. We have decided to overrule appellant’s motion, and to sustain that of appellees, and will briefly indicate our reasons.
[8] In the original opinion we held that the court erred in peremptorily instructing the jury to return a verdict for appellee bank, in so far as it included interest upon the amount tendered by appellant, and that ' the judgment should be reformed so as to exclude such interest. We are now convinced that this was error. To justify that conclusion, it would be necessary to hold that, under the undisputed facts,…
2Cases cited3 opinions
- California State Life Ins. Co. v. ElliottCourt of Appeals of Texas · 1917
- Barreda v. Merchants' Nat. BankCourt of Appeals of Texas · 1918
- Schwantkowsky v. DykowskyCourt of Appeals of Texas · 1910