First Nat. Bank of Garner, Iowa v. Smith
Court of Appeals of Texas
Appeal from District Court, Lubbock: County; W. R. Spencer, Judge. Action by the First National Bank of Garner, Iowa, against Morton J. Smith, who filed a cross-petition and attached the property of the Des Moines Silo Manufacturing Company. From a judgment for defendant against plaintiff and the impleaded defendant, plaintiff appeals.
1Opinion of the CourtHuff, C. J.
The appellant bank sued ap-pellee, Smith, on a note dated April 15, 1913, due February 1, 1914, for the sum of $1,094, payable to the order of the Des Moines Silo Manufacturing Company, with interest from date at the rate of 8 per cent, per annum, and alleging that the payee therein, Des Moines Silo Manufacturing Company, indorsed and transferred the same to appellant before maturity for valuable consideration, in due course of business.
The appellee answered, in effect, that appellant was not the owner and holder of the note before maturity for value without notice of the equities of…
2Cases cited12 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- J. I. Case Threshing MacHine Co. v. E. B. Hall & Keating Implement Co.Court of Appeals of Texas · 1903
- Bolt v. State Savings Bank of ManchesterCourt of Appeals of Texas · 1912
- Commonwealth Bonding & Casualty Ins. Co. v. BomarCourt of Appeals of Texas · 1914
- Houston & Tex. Cent. R'y Co. v. GilmoreTexas Supreme Court · 1884
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3Cited by14 opinions
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- Avery Co. v. Harrison Co.Texas Commission of Appeals · 1924
- Capitol Hill State Bank v. Rawlins National BankWyoming Supreme Court · 1916
- Advance-Rumely Thresher Co. v. HigginsCourt of Appeals of Texas · 1926
- J. B. Colt Co. v. KellyCourt of Appeals of Texas · 1925
9 more not listed; retrieve them via the Exa API.