Smith v. Traders National Bank

Gaines, Associate Justice.

This suit was brought by appellee against appellant to recover upon a promissory note executed by the latter payable to the order of the Texas Investment Company, Limited, a private corporation, and transferred by the payee to the appellee.

The defendant in the court below pleaded a general denial, and also specially answered alleging a failure of consideration and that the plaintiff received the transfer of the note with notice of his defense. It was averred in the special answer that at the time of the execution of the note the Texas Investment Company, Limited, was…