Ballinger National Bank v. Bryan
Court of Appeals of Texas
The appellant bank brought this suit against Bryan on a promissory note, and attached certain sheep which, by order of the court, were sold, as perishable property, and the proceeds paid to the cleric. Trammel & Co., the purchasers at this sale, intervened, claiming the proceeds under a mortgage of the sheep given by Bryan to secure a note to them. On the trial the court directed a verdict awarding the proceeds of the sale to intervenors and from this plaintiff appealed.
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The appellant bank brought this suit against Bryan on a promissory note, and attached certain sheep which, by order of the court, were sold, as perishable property, and the proceeds paid to the cleric. Trammel & Co., the purchasers at this sale, intervened, claiming the proceeds under a mortgage of the sheep given by Bryan to secure a note to them. On the trial the court directed a verdict awarding the proceeds of the sale to intervenors and from this plaintiff appealed. Appellant’s third bill of exceptions, referred to in the opinion of the court, shows that intervenors introduced in…
1Opinion of the Court
COLLARD, Associate Justice.
The Ballinger National Bank sued John Bryan on the following promissory note:
“Ballinger, Texas. January 6, 1893. Due Feb’y 6, ’93.
One month after -date, without grace, for value received, I promise to' pay to the order of the Ballinger National Bank, Texas, twenty-seven hundred and ninety-one and 50-100 dollars, with interest at the rate of' 10 per cent per annum from maturity until paid, and 10-per cent additional on amount of principal and interest unpaid for attorney’s fees, if' placed in the hands of an attorney for collection.
Signed, John Bryan.”
The note had a…
2Cases cited1 opinion
- Betterton v. EppsteinTexas Supreme Court · 1890
3Cited by2 opinions
- City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
- Manning v. StateCourt of Criminal Appeals of Texas · 1904