Smith v. T. M. Richardson Lumber Co.
Texas Supreme Court
Error to the Court of Civil Appeals for the Second District, in an appeal from Cooke County. The T. M. Biehardson Lumber Company sued Tyree as maker and Smith as indorser of a promissory note secured by vendor’s lien which it sought to foreclose. The note had been transferred by Smith to E. A. Butt & Co., under which name the lumber company was at that time conducting its business.
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Error to the Court of Civil Appeals for the Second District, in an appeal from Cooke County. The T. M. Biehardson Lumber Company sued Tyree as maker and Smith as indorser of a promissory note secured by vendor’s lien which it sought to foreclose. The note had been transferred by Smith to E. A. Butt & Co., under which name the lumber company was at that time conducting its business. Plaintiff had judgment against both defendants for the note, interest, and attorney’s fees, and for foreclosure of lien. Smith appealed, and, on affirmance, obtained writ of error.
1Opinion of the Court
BROWN, Associate Justice.
Smith was indebted to the lumber company in the sum of $186 for a little lumber sold him, to secure which he indorsed to the lumber company a note signed by J. C. Tyree, payable to W. B. B. Smith, ninety days after date, dated November 27, 1895, for the sum of $400, with interest at 10 per cent from date, and providing for 10 per cent on the principal and accrued interest as attorney’s fees, if the note should be placed in the hands of an attorney for collection or if it should be collected by suit. The note was given for real estate situated in Cooke County and…
2Cases cited2 opinions
- Fisher v. Phelps, Dodge & Co.Texas Supreme Court · 1858
- Elliott v. WigginsTexas Supreme Court · 1856
3Cited by9 opinions
- First Nat. Bank of Giddings v. Lee County Cotton Oil Co.Texas Commission of Appeals · 1925
- McCamant v. McCamantCourt of Appeals of Texas · 1916
- Beauchamp v. ChesterCourt of Appeals of Texas · 1905
- Dunn v. TownsendCourt of Appeals of Texas · 1914
- Spurgin v. Denton County Nat. BankCourt of Appeals of Texas · 1921
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