Legal Opinion

Lincoln Alliance Bank v. Landers Co.

District Court, S.D. Texas

Decided May 12, 1923No. 527Published

At Law. Action by the Lincoln Alliance Bank against the Landers Company, Inc., and others. On plaintiff’s demurrer to the answer.

1Opinion of the Court

HUTCHESON, District Judge.

This is a suit by the Lincoln Alliance Bank on a negotiable promissory note, executed by Landers Company, Inc., in favor of Rosenberg Bros. & Co., clothiers, of Rochester, N. Y., and indorsed by the payee to the Lincoln Alliance Bank for value received on August 7, 1922.

The only defense asserted in the answer of the defendants is that the consideration of the note has failed by reason of the breach on the part of Rosenberg Bros. & Co. of their agreement to advertise the brand of clothes sold to Landers & Co. and to assist them in finding a retail market, and that…

2Cases cited7 opinions

  1. Van Winkle Gin & MacHinery Co. v. Citizens' Bank of BuffaloTexas Supreme Court · 1896
  2. Thomas v. MatthiessenSupreme Court of the United States · 1914
  3. Dresser v. Missouri & Iowa Railway Construction Co.Supreme Court of the United States · 1876
  4. Davenport v. State Banking Co.Supreme Court of Georgia · 1906
  5. In re Grocers' Baking Co.District Court, N.D. Alabama · 1920

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