Ables v. Waggoner
Court of Appeals of Texas
Error from Dallas County Court; T. A. Work, Judge. Suit by J. A. Johnson and Will Henderson against'the Automatic Music Manufacturing Company, plaintiffs impleading D. E. Wag-goner, and executing bond, with A. 0. Sage and A. H. Abies as sureties, to procure issuance of writ of injunction, Waggoner bringing cross-action, praying judgment against plaintiffs and the sureties on the injunction bond.
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Error from Dallas County Court; T. A. Work, Judge. Suit by J. A. Johnson and Will Henderson against'the Automatic Music Manufacturing Company, plaintiffs impleading D. E. Wag-goner, and executing bond, with A. 0. Sage and A. H. Abies as sureties, to procure issuance of writ of injunction, Waggoner bringing cross-action, praying judgment against plaintiffs and the sureties on the injunction bond. To review judgment for defendant, Waggoner, against plaintiffs and the sureties, one of the latter, A. H. Abies, brings error.
1Opinion of the CourtRasbury, J.
J. A. Johnson and Will Henderson sued the Automatic Music Manufacturing Company in the county court of Kaufman county to cancel certain negotiable promissory notes executed in part payment of a pian.o. Subsequently Johnson and Henderson impleaded D. E. Waggoner in the suit, alleging, in substance, that he was asserting ownership of the notes by purchase from the Automatic Music Manufacturing Company, and that if the notes had been transferred to Waggoner he acquired same with notice that the consideration for which they were given had failed, and in furtherance of a conspiracy to defraud…
2Cases cited5 opinions
- Fernandez v. Casey & SwaseyTexas Supreme Court · 1890
- Texas & N. O. R'y Co. v. WhiteTexas Supreme Court · 1882
- Patterson v. EnglishCourt of Appeals of Texas · 1911
- Wood & Lee v. HollanderTexas Supreme Court · 1892
- Hicks v. MurphyCourt of Appeals of Texas · 1915
3Cited by2 opinions
- Kelton v. JonesCourt of Appeals of Texas · 1923
- Green v. HodgeCourt of Appeals of Texas · 1937