Legal Opinion

Smith v. First Nat. Bank of Waco

Court of Appeals of Texas

Decided May 17, 1916No. 5646PublishedCited by 7 opinions

Appeal from, McLennan County Court; Geo. N. Denton, Judge. Action by the First National Bank of Waco against A. M. Smith and another. From a judgment for plaintiff, the named defendant appeals. Affirmed.

1Opinion of the CourtRice, J.

This suit was brought by the First National Bank of Waco against the Waco Mill & Elevator Company, a private corporation, and appellant, who was a resident citizen of Wharton county, to enforce the payment of a draft for $315, drawn by the Mill & Elevator Company upon appellant and indorsed by that company to the bank, who advanced the money thereon to it. The bank afterwards, by due course of mail, forwarded the draft for collection against appellant, who, when presented, refused to pay same. Upon its return the bank undertook to charge the draft against the account of the Mill & Elevator…

2Cases cited1 opinion

  1. Harris Millinery Co. v. MelcherCourt of Appeals of Texas · 1911

3Cited by7 opinions

  1. McCoy v. Bankers' Trust Co.Court of Appeals of Texas · 1918
  2. Schumacher Co. v. DoliveTexas Supreme Court · 1923
  3. Cruz v. Texas Glass & Paint Co.Court of Appeals of Texas · 1917
  4. Girvin v. Gulf Refining Co.Court of Appeals of Texas · 1919
  5. Texas Packing Co. v. St. Louis S.W. Ry. CoCourt of Appeals of Texas · 1918

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