Smith v. Pickham
Court of Appeals of Texas
Appeal from Throckmorton. Tried below before Hon. C. P. Wood-BUFF. 1. Attorney fees stipulated for in the face of a promissory note become a part of the amount for which an attachment may be issued, although the note may not be due.
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Appeal from Throckmorton. Tried below before Hon. C. P. Wood-BUFF. 1. Attorney fees stipulated for in the face of a promissory note become a part of the amount for which an attachment may be issued, although the note may not be due. Bank v. Still, 84 Texas, 839; 19 S. W.Rep., 479; Martin-Brown Co. v. Perrill, 77 Texas, 200; 13 S. W. Rep., 975; Stansell v. Cleveland, 64 Texas, 660. 2. The holder of a negotiable note may, before the note is due, proceed by attachment against the indorser, who is the payee in said promissory note, and especially so when the indorser waives protest of the same.…
1Opinion of the Court
TARLTON, Chief Justice.
The appellant, on September 9,1892, brought this suit against W. H. Pickham, J. M. Goff, Tom J. Goff, and B. C. Miller. The plaintiff declared upon the following promissory note :
“$2604.00
“Throokmorton, Texas, July 1, 1891.
“Two years after date, waiving grace and protest, we or either of us jointly and severally promise to pay to the order of W. H. Pickham, at the banking house of W. H. Pickham, in Throckmorton, Texas, the sum of twenty-six hundred and four dollars, value received, with 12 per cent interest per annum thereon from date until paid; and in case this note…
2Cases cited6 opinions
- Maddox v. CraigTexas Supreme Court · 1891
- Morrill v. HoytTexas Supreme Court · 1892
- Simmons v. TerrellCourt of Appeals of Texas · 1889
- Stansell & Younger v. ClevelandTexas Supreme Court · 1885
- Panhandle National Bank v. StillTexas Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Archenhold Co. v. SmithCourt of Appeals of Texas · 1920
- Wardlaw v. Farmers' & Merchants' Bank Co.Court of Appeals of Texas · 1930
- Central Texas Ice Co. v. ThomasTexas Commission of Appeals · 1932
- Bratten, Admr. v. McKelveyOhio Court of Appeals · 1939
- Great Southern Life Ins. Co. v. HeavinCourt of Appeals of Texas · 1929
2 more not listed; retrieve them via the Exa API.