City National Bank of Fort Worth v. Stout
Texas Supreme Court
Appeal from Tarrant. Tried below before the Hon. A. J. Hood. This was an action brought by the appellee, Stout, against the City ¡National Bank of' Fort Worth for the recovery of $1,428.29, which plaintiff alleged he deposited with defendant, and that defendant failed and refused to pay him that amount, although requested so to do.
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Appeal from Tarrant. Tried below before the Hon. A. J. Hood. This was an action brought by the appellee, Stout, against the City ¡National Bank of' Fort Worth for the recovery of $1,428.29, which plaintiff alleged he deposited with defendant, and that defendant failed and refused to pay him that amount, although requested so to do. The appellant, in its answer, substantially admitted that plaintiff deposited the money and that it had never been repaid, but set up in avoidance of plaintiff’s demand and pleaded in offset as follows: That on the 21st day of September, 1881, plaintiff went into…
1Opinion of the Court
Stayton, Associate Justice.—
This action was brought on the 27th of December, 1881, and was not tried until May 22, 1883. The parties having announced ready for trial on the preceding day, the pleadings for the plaintiff having been read on that day, on the morning of 22d, leave was given to the defendant to withdraw its announcement for trial, whereupon it made an application for continuance, based on the absence of a witness stated to be a resident of the county and subpoenaed on May 5, 1882.
The bill of exceptions does not show whether the application for a continuance was the first, second…
2Cases cited1 opinion
- W. Arnold & Co. v. D. C. Hockney & Bro.Texas Supreme Court · 1879
3Cited by26 opinions
- Emery v. BarfieldCourt of Appeals of Texas · 1913
- Galveston, H. & S. A. Ry. Co. v. Stewart & ThreadgillTexas Commission of Appeals · 1924
- Sullivan v. FantCourt of Appeals of Texas · 1908
- Jacobs v. Nussbaum & ScharffCourt of Appeals of Texas · 1911
- Fidelity & Deposit Co. v. National Bank of CommerceCourt of Appeals of Texas · 1907
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