Legal Opinion

El Paso Bank & Trust Co. v. First State Bank of Eustis

Court of Appeals of Texas

Decided March 21, 1918No. 817PublishedCited by 23 opinions

Appeal from El Paso County Court; E. B. McClintock, Judge. Action by the First State Bank of Eustis against the El Paso Bank & Trust Company. From judgment for plaintiff, defendant appeals.

1Opinion of the CourtWalthall, J.

This suit was brought by appellee against appellant to recover $300, based upon a code telegram, sent by appellant to appellee on June 7, 1915, which telegram, when translated, reads as follows:

“First State Bank, Eustis, Fla. We guarantee payment three hundred dollars by Texas Produce Company for carload watermelons. [Signed] El Paso Bank & Trust Co.”

The message was duly received by appel-lee at Eustis, Fla., on the above date. Ap-pellee alleged that appellant, by reason of the message, became bound to pay to appel-lee $300 for one carload of watermelons, whenever the same should be delivered…

2Cases cited2 opinions

  1. Bond v. Terrell Cotton & Woolen Manufacturing Co.Texas Supreme Court · 1891
  2. Friedman-Shelby Shoe Co. v. DavidsonCourt of Appeals of Texas · 1916

3Cited by23 opinions

  1. Universal Metals & MacHinery, Inc. v. BohartTexas Supreme Court · 1976
  2. Jarecki Mfg. Co. v. HindsCourt of Appeals of Texas · 1927
  3. Wood v. Canfield Paper Co.Texas Supreme Court · 1928
  4. Jarecki Mfg. Co. v. HindsTexas Commission of Appeals · 1928
  5. Rice v. Travelers Express Co.Court of Appeals of Texas · 1966

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