Legal Opinion

National Bank of Commerce v. Kenney

Texas Supreme Court

Decided December 1, 1904No. 1361PublishedCited by 42 opinions

Error to the Court of Civil Appeals for the Second District, in an appeal from Hemphill County. The National Bank of Commerce sued Kenney and others to enforce-a note and mortgage and appealed from a. judgment for defendants. The judgment being affirmed, the appellant obtained writ of error.'

1Opinion of the Court

GAINES, Chief Justice.

This suit was brought by the plaintiff in error against J. H. Kenney, P. W. Kenney and J. W. Lambert as makers of a promissory note and to enforce a chattel mortgage upon a stock of cattle, which was executed by J. H. Kenney to secure the note. We speak of P. W. Kenney and J. W. Lambert as makers, though they merely indorsed the note before delivery. As such indorsers they are makers under our law. Latham v. Houston Flour Mills, 68 Texas, 130, and cases cited. The Third National Bank of Springfield, Mass., was also made a party defendant.

The defendants J. H. Kenney, P.…

2Cases cited3 opinions

  1. Lee v. KingsburyTexas Supreme Court · 1854
  2. Word v. ElwoodTexas Supreme Court · 1896
  3. Latham v. Houston Flour MillsTexas Supreme Court · 1887

3Cited by42 opinions

  1. Adam v. SaengerSupreme Court of the United States · 1938
  2. Coca-Cola Co. v. Harmar Bottling Co.Texas Supreme Court · 2006
  3. Adams v. WilliamsTexas Supreme Court · 1923
  4. Brinker v. First Nat. Bank of ClevelandTexas Commission of Appeals · 1931
  5. Stitzel v. MillerIllinois Supreme Court · 1911

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