First Nat. Bank of Hughes Springs v. Sanford
Court of Appeals of Texas
Appeal from District Court, Smith County ; J. R. Warren, Judge. Action by the First National Bank of Hughes Springs against Tom Sanford, and the Merchants’ & Planters’ State Bank of Winnsboro. From a judgment sustaining the plea of privilege of the defendant last named and ordering transfer of cause, plaintiff appeals.
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Appeal from District Court, Smith County ; J. R. Warren, Judge. Action by the First National Bank of Hughes Springs against Tom Sanford, and the Merchants’ & Planters’ State Bank of Winnsboro. From a judgment sustaining the plea of privilege of the defendant last named and ordering transfer of cause, plaintiff appeals. The suit was by appellant against appel-lee Sanford,, who resided in Smith county, and appellee Merchants’ & Planters’ State Bank of Winnsboro, a corporation, whose place of business was in Wood county. In its petition appellant alleged that it was the owner of unpaid drafts…
1Opinion of the Court
The proposition in appellant's brief is as follows:
"A suit may be maintained and the venue is properly laid in the county of residence of either the drawer or drawee of a draft, where the drawee has accepted, or agreed to pay, either in writing or orally, said draft to a party cashing same upon the faith of said acceptance or promise to pay by drawee."
In support of the contention so presented appellant cites Henrietta National Bank v. State National Bank, 80 Tex. 648, 16 S.W. 321, 26 Am.St.Rep. 773, as holding that "a promise to accept a draft is tantamount to an acceptance"; Neumann v.…
2Cases cited11 opinions
- Hedges v. Dixon CountySupreme Court of the United States · 1893
- Magniac v. ThomsonSupreme Court of the United States · 1854
- Baltimore & Ohio Railroad v. First National BankSupreme Court of Virginia · 1904
- Rambo v. First State BankSupreme Court of Kansas · 1912
- Hanna v. McCroryNew Mexico Supreme Court · 1914
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Perkins v. Texas Bank & Trust Co.Court of Appeals of Texas · 1921
- Dallas Ry. Co. v. KimberlyCourt of Appeals of Texas · 1924
- McLeroy v. Thrift, Inc.Court of Appeals of Texas · 1929
- Caughan v. UrquhartCourt of Appeals of Texas · 1924
- First State Bank of Hughes Springs v. SanfordCourt of Appeals of Texas · 1923
4 more not listed; retrieve them via the Exa API.