Legal Opinion

Sayles v. First State Bank & Trust Co. of Abilene

Court of Appeals of Texas

Decided December 19, 1917No. 1330Published

Appeal from Taylor County Court; E. M. Overshiner, Judge. Action by the First State Bank & Trust Company of Abilene and others against John Sayles and others. Proceeding by defendants to vacate the judgment. From an order denying the motion, defendants appeal.

1Opinion of the CourtHall, J.

Appellants executed their, two promissory notes to the Commeroial Bank of Abilene, Tex., and said bank, before maturity, transferred the same to the appellee bank and trust company. Suit was filed by the appellee bank upon the notes, alleging that it was a private corporation duly incorporated under the laws of the state of Texas, and that E. V. Bynum was its president. Appellants answered by general denial and alleged (a) that plaintiff was not an innocent holder of the note sued upon; (b) denied that defendants were jointly and severally liable; (c) set up fraud in the execution and…

2Cases cited3 opinions

  1. Harvey v. Provident Inv. Co.Court of Appeals of Texas · 1913
  2. Midkiff & Caudle v. Johnson County Savings BankCourt of Appeals of Texas · 1912
  3. Shappard v. CageCourt of Appeals of Texas · 1898

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