Davis v. Sittig
Texas Supreme Court
Error from Galveston. Tried below before the Hon. W. H. Stewart. The court, to whom the cause on the trial thereof was submitted without a jury, rendered judgment in favor of the plaintiff for the amount of the note and interest, less certain sums advanced the payee by the executor. The defendants excepted, and have brought the case to this court by writ of error.
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Error from Galveston. Tried below before the Hon. W. H. Stewart. The court, to whom the cause on the trial thereof was submitted without a jury, rendered judgment in favor of the plaintiff for the amount of the note and interest, less certain sums advanced the payee by the executor. The defendants excepted, and have brought the case to this court by writ of error. The trial court’s conclusions of law, which form a part of the record, are as follows: 1. A negotiable note, when lost before endorsement and never found, although it be afterwards transferred before its maturity, is, in the hands…
1Opinion of the Court
Stayton, Associate Justice.
The findings of fact by the judge who tried this cause show that the lost note sued upon was executed by B. B. Davis to Alfred N. Lewis, in consideration of property conveyed by the latter to the former with intent to defraud his creditors, and that this intent was known to all parties. They further show that Alfred N. Lewis, after the note was lost, but before its maturity, transferred his interest therein to Charles A. Lewis, who is not shown to have paid value therefor, and that he, after the maturity of the lost note, transferred it to the appellee.
The court…
2Cases cited22 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Beard v. DedolphWisconsin Supreme Court · 1871
- Morse v. GilmanWisconsin Supreme Court · 1863
- Boeka v. NuellaSupreme Court of Missouri · 1859
- Springer v. DroschIndiana Supreme Court · 1870
17 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Woolsey v. Panhandle Refining Co.Texas Supreme Court · 1938
- Morrison v. City of Fort WorthTexas Supreme Court · 1941
- Scott v. Farmers & Merchants National BankTexas Supreme Court · 1903
- Hughes v. HughesTexas Commission of Appeals · 1920
- LaForce v. BrackenTexas Supreme Court · 1943
18 more not listed; retrieve them via the Exa API.