Commercial Credit Co. v. Giles
Court of Appeals of Texas
Appeal from Fannin County Court; S. F. Leslie, Judge. Action by the Commercial Credit Company against Ellis Giles. Judgment for defendant, and plaintiff appeals. The appellant, a corporation, sued the ap-pellee on a promissory note signed by him and made payable to the order of the Partin Manufacturing Company. The appellant claimed that it was an innocent purchaser of the noto in due course of trade, before maturity, and for value.
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Appeal from Fannin County Court; S. F. Leslie, Judge. Action by the Commercial Credit Company against Ellis Giles. Judgment for defendant, and plaintiff appeals. The appellant, a corporation, sued the ap-pellee on a promissory note signed by him and made payable to the order of the Partin Manufacturing Company. The appellant claimed that it was an innocent purchaser of the noto in due course of trade, before maturity, and for value. The appellee answered by denial, and pleaded a material alteration of the note, failure of the consideration, cancellation, and fraudulent circulation of the same…
1Opinion of the CourtLevy, J.
(after stating the facts as above). Although it was determined as a fact that the appellant purchased the note before maturity, for a valuable consideration, without notice of a fraud, the court concluded, as a matter of law, that the detachment and separation of the note sued on were void, and that the appellant was not entitled to have judgment against the appellee, who was the maker of the note. Appellant challenges this conclusion and asks the reversal of this judgment of the court. There does not appear any erasure or addition or subtraction of terms of the notes. The facts relied on to…
2Cases cited4 opinions
- Van Winkle Gin & MacHinery Co. v. Citizens' Bank of BuffaloTexas Supreme Court · 1896
- Greneaux v. WheelerTexas Supreme Court · 1851
- Tutt v. ThorntonTexas Supreme Court · 1882
- Spencer v. TripplettCourt of Appeals of Texas · 1916
3Cited by3 opinions
- Tyler v. BaugussCourt of Appeals of Texas · 1941
- Oehler v. ScammelCourt of Appeals of Texas · 1951
- Shell v. HardinCourt of Appeals of Texas · 1931