Legal Opinion

Merchants National Bank v. Eustis

Court of Appeals of Texas

Decided October 31, 1894No. 1425PublishedCited by 8 opinions

Appeal from Tarrant. Tried below before Hon. W. D. Harris. 1. A president of a bank bas no authority, by virtue of his official position as president, to employ an attorney to prosecute a suit on behalf of the bank, as plaintiff, nor to place the bank under obligations to convey land.- Mfg.

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Appeal from Tarrant. Tried below before Hon. W. D. Harris. 1. A president of a bank bas no authority, by virtue of his official position as president, to employ an attorney to prosecute a suit on behalf of the bank, as plaintiff, nor to place the bank under obligations to convey land.- Mfg. Co. v. Marsh, 1 Cush., 507; Fitzhugh v. Land Co., 81 Texas, 306; Barrett v. Bank, 78 Texas, 222; Terrell v. Teal, 48 Texas, 509. 2. Where an attorney by practicing deceit procures an employment from a person to represent him as an attorney, and makes a contract for a specified sum as an attorney fee, the…

1Opinion of the Court

HEAD, Associate Justice.

This suit was instituted by appellee to recover of appellant compensation for his services as an attorney rendered under the following contract:

“The State oe Texas, l

‘1 County of Tarrant, j

“Know all men by these presents, that the Merchants’ National Bank of Fort Worth, Tarrant County, Texas, has employed W. C. Eustis, of Henrietta, Olay County, to bring suit for the following described property in Clay County, Texas:
“1. One hundred and fifty-three acres out of the southeast quarter of Texas & New Orleans Bailroad Company section number 2, certificate number 30/508,…

2Cases cited5 opinions

  1. Ann Berta Lodge, No. 42 v. LevertonTexas Supreme Court · 1874
  2. Parker v. G. Y. Coop.Texas Supreme Court · 1883
  3. Hill v. CunninghamTexas Supreme Court · 1860
  4. Carothers & Searight v. AlexanderTexas Supreme Court · 1889
  5. Arrington v. SneedTexas Supreme Court · 1856

3Cited by8 opinions

  1. Chapman v. KelloggTexas Commission of Appeals · 1923
  2. Emory v. BaileyTexas Supreme Court · 1921
  3. Bankers' Trust Co. of Amarillo v. CooperCourt of Appeals of Texas · 1915
  4. Rutherford v. McGeeCourt of Appeals of Texas · 1922
  5. Fletcher v. KelloggCourt of Appeals for the D.C. Circuit · 1925

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