Legal Opinion

Carver Bros. v. Merrett

Court of Appeals of Texas

Decided March 26, 1913Published

Appeal from District Court, Titus County; P. A. Turner, Judge. Action by John Merrett against Carver Bros, and the Merchants’ & Planters’ National Bank of Mt. Pleasant. Judgment for plaintiff Merrett and for the bank against Carver Bros., and they appeal.

1Opinion

On Motion for Rehearing.

As originally filed, this suit was one merely to recover a sum of money advanced by the bank to Carver Bros, and used by them in purchasing cotton. So far as the pleadings disclose, this was the only issue then presented. Had the parties gone to trial on that state of the pleadings, a prima facie case could have been made out by the plaintiffs by the introduction of any competent evidence showing the money advanced or loaned, and what amount- had not been repaid. The books of the hank would doubtless have been sufficient for that purpose.

[6] The tickets deposited with…

2Cases cited1 opinion

  1. Marberry & Son v. Farmers & Mechanics National BankCourt of Appeals of Texas · 1894

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