Legal Opinion

Masterson v. Ginners' Mut. Underwriters' Ass'n of Texas

Court of Appeals of Texas

Decided May 14, 1920No. 2215PublishedCited by 3 opinions

Appeal from District Court, Smith County; J. R. Warren, Judge. Suit by the Ginners’ Mutual Underwriters’ Association of Texas against N. T. Masterson and others. From judgment rendered, the named defendant appeals.

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Appeal from District Court, Smith County; J. R. Warren, Judge. Suit by the Ginners’ Mutual Underwriters’ Association of Texas against N. T. Masterson and others. From judgment rendered, the named defendant appeals. This was a suit by appellee against T. N. Jones, N. T. Masterson, and J. E. Winfrey on facts substantially as follows: January 25, 1912, said Jones made and delivered to appellee 11 promissory notes, each of them being for $1,000, interest and attorney’s fees, payable to appellee or order, the first of them on or before January-15, 1914, and one of the others on or before January…

1Opinion of the CourtWillson, C. J.

(after stating the facts as above). Appellant attacks the judgment as erroneous because it is not in his favor for the amount of the 10 notes for $1,000 each deposited with the Harris Lumber Company as collateral security, and for a foreclosure of the trust deed to Marsh, instead of for the amount of the principal note for $1,000 made by Jones to said lumber company. Appellee, in cross-assignments, attacks as erroneous, because without the support of testimony, it says, the finding that it was chargeable with notice of the rights of the owner of indebtedness secured by the trust deed to Marsh…

2Cases cited9 opinions

  1. Bailey v. GalpinSupreme Court of Minnesota · 1889
  2. Rogers v. HoustonTexas Supreme Court · 1901
  3. Carter v. HawkinsTexas Supreme Court · 1884
  4. Gamble v. MartinCourt of Appeals of Texas · 1912
  5. Adams v. West Lumber Co.Court of Appeals of Texas · 1913

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Jaramillo v. McLoyDistrict Court, D. Colorado · 1967
  2. Masterson v. Ginners Mut. Underwriters' Ass'nTexas Commission of Appeals · 1922
  3. Vivier v. BarredaCourt of Appeals of Texas · 1937

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