Jones v. Shapera
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Texas. Suit by Charles Shapera against Travis F. Jones and W. H. Jones upon a promissory note. Judgment for plaintiff. Defendants bring error.
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In Error to the Circuit Court of the United States for the Northern District of Texas. Suit by Charles Shapera against Travis F. Jones and W. H. Jones upon a promissory note. Judgment for plaintiff. Defendants bring error. At the trial below, defendants offered to show by T. F. Jones, one of the defendants, sworn as a witness, that he signed and indorsed said note “Jones & Brandon,” and not “Jones and Brother;” that there was when said note was executed a firm of Jones & Brandon, of which witness and J. H. Brandon were members, and of which W. H. Jones was not a member; and that there was…
1Opinion of the Court
PARDEE, Circuit Judge,
(after stating the facts.) The so-called “original answer” is made up of a demurrer to the jurisdiction on the ground that the paper sued on is payable to bearer and payable in the state of Texas, and was made and indorsed and delivered in Texas, and is to all intents and purposes domestic paper, and a plea to the jurisdiction on the ground that the plaintiff was not the real owner of the note sued on, but the same belonged to a citizen of Texas, the transfer being wholly fraudulent and collusive for the purpose of conferring jurisdiction. The demurrer seems to have been…
2Cases cited10 opinions
- Mollan v. TorranceSupreme Court of the United States · 1824
- Metcalf v. WatertownSupreme Court of the United States · 1888
- Parker v. OrmsbySupreme Court of the United States · 1891
- Morgan's v. GaySupreme Court of the United States · 1874
- Thompson v. PerrineSupreme Court of the United States · 1883
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3Cited by3 opinions
- City of Stuart v. GreenCourt of Appeals for the Fifth Circuit · 1937
- United Divers Supply Co. v. Commercial Credit Co.Court of Appeals for the Fifth Circuit · 1923
- New England Nat. Bank of Kansas City v. CalhounCourt of Appeals for the Eighth Circuit · 1925