Legal Opinion

McDonough v. First National Bank

Texas Supreme Court

Decided July 1, 1871PublishedCited by 10 opinions

Appeal from Harris. Tried below before the Hon. James Masterson. The facts of this case, so far as they are involved in the demurrer or necessary to an understanding of the opinion, are believed to be fully comprehended, though greatly condensed, in the head note— with the exception of the causes of demurrer assigned by the defendant. But as these causes are clearly disclosed in the arguments of the counsel, there is no occasion to insert them here.

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Appeal from Harris. Tried below before the Hon. James Masterson. The facts of this case, so far as they are involved in the demurrer or necessary to an understanding of the opinion, are believed to be fully comprehended, though greatly condensed, in the head note— with the exception of the causes of demurrer assigned by the defendant. But as these causes are clearly disclosed in the arguments of the counsel, there is no occasion to insert them here. Looking to the several important questions thus raised, it will be seen that the opinion of the court, though brief, is of much more significance…

1Opinion of the CourtWalker, J.

The paper writing signed by J. S. Roberts, “ Com. missioner First National Bank, Houston,” and dated January 20, 1866, is not the contract of the First National Bank of Houston) unless the bank made it so by its' approval -and adoption, after its organization under the laws of the United States.

It may be that J. S. Roberts is individually liable to the plaintiff for the money he claims from the bank; but, not being called on so to do, we shall offer no opinion upon that question.

The plaintiff avers a consideration moving to the bank, and that the bank, after its organization, appropriated the…

2Cited by10 opinions

  1. Weatherford, Mineral Wells & Northwestern Railway Co. v. GrangerTexas Supreme Court · 1894
  2. Garza v. Villarreal, Texas Court of Appeals, 4th District (San Antonio)2011
  3. Phil H. Pierce Co. v. RudeCourt of Appeals of Texas · 1927
  4. Citgo Refining & Marketing, Inc. v. Garza, Texas Court of Appeals, 13th District2006
  5. Goodwin v. Hidalgo County Water Control & Improvement Dist. No. 1Court of Appeals of Texas · 1933

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