Exchange Bank of Fort Worth v. Hensley
Court of Appeals of Texas
Appeal from Tarrant County Court; W. P. Walker, Judge. Suit by the Exchange Bank of Port Worth, Tex., against Hensley & Roland, in which the defendants filed a cross-action. Judgment for defendants, and plaintiff appeals.
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Appeal from Tarrant County Court; W. P. Walker, Judge. Suit by the Exchange Bank of Port Worth, Tex., against Hensley & Roland, in which the defendants filed a cross-action. Judgment for defendants, and plaintiff appeals. Appellant sued the appellees, a partnership,’ to recover an unpaid balance of $275.25, evidenced by nine promissory notes for $30.-65 each, with interest and attorney’s fees, and for the foreclosure of a chattel mortgage on certain gasoline filling station fixtures given to secure the payment of the indebtedness. Appellant also sued out writs of garnishment. The appellees…
1Opinion of the Court
LEVY, .T.
(after stating the facts as above). [1,2] The appellant first insists that a judgment should have been entered for it because, even if it be true, as found by the jury, the appellant did in fact orally agree to warrant the title and quality and condition of the mortgaged property, yet such warranty did not legally bind appellant, for it was ultra vires and void and exceeded the powers and authority granted a state bank under article 376, R. S. If the contract of the bank was outside the object of its creation as defined in the law of its organization, and therefore beyond the powers…
2Cases cited4 opinions
- People's Bank v. National BankSupreme Court of the United States · 1880
- Wright v. DavenportTexas Supreme Court · 1875
- Jesse French Piano & Organ Co. v. ThomasCourt of Appeals of Texas · 1904
- Fidelity & Deposit Co. v. National Bank of CommerceCourt of Appeals of Texas · 1907
3Cited by10 opinions
- Minneapolis-Moline Company v. PurserCourt of Appeals of Texas · 1962
- Dillard v. ClutterCourt of Appeals of Texas · 1940
- Swift v. Roach.Court of Appeals of Texas · 1924
- Scott v. McGlothlinCourt of Appeals of Texas · 1930
- Desdemona State Bank & Trust Co. v. StreetyCourt of Appeals of Texas · 1923
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