National Bank v. Bruhn
Texas Supreme Court
Appeal from Marion. Tried below before the Hon. W. P. McLean. This suit was originally instituted in the county court of Marion county, on the 5th of October, 1877, against A. Bruhn and W. J. Williams, to recover judgment against them on a certain promissory note for $328.95, executed and delivered by them jointly on the 26th day of March, A. D. 1874, due sixty days after date, and bearing interest at two per cent, per month after maturity.
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Appeal from Marion. Tried below before the Hon. W. P. McLean. This suit was originally instituted in the county court of Marion county, on the 5th of October, 1877, against A. Bruhn and W. J. Williams, to recover judgment against them on a certain promissory note for $328.95, executed and delivered by them jointly on the 26th day of March, A. D. 1874, due sixty days after date, and bearing interest at two per cent, per month after maturity. After the passage in 1879 of the act diminishing the jurisdiction of the county court of Marion county, and conferring the civil jurisdiction of that…
1Opinion of the Court
Willie, Chief Justice.
The district judge did not err in his rulings upon the plea of set-off, and the introduction of evidence to sustain it. The defendant was entitled to have the value of such collaterals as were left after extinguishing the five hundred and twenty dollar note, applied to the note sued on.
Bruhn testified that the $1,300 in scrip described on the face of -the former note was intended to secure both. This could hardly have been the intention of the parties at the time the first note was executed; for the second note was not then in existence. The reasonable interpretation of…
2Cases cited4 opinions
- Tiffany v. National Bank of Mo.Supreme Court of the United States · 1874
- Wiley v. StarbuckIndiana Supreme Court · 1873
- Hinds v. MarmolejoCalifornia Supreme Court · 1882
- Newell v. National BankCourt of Appeals of Kentucky · 1876
3Cited by7 opinions
- Penrose v. Canton National BankCourt of Appeals of Maryland · 1925
- Daggs v. Phœnix National BankArizona Supreme Court · 1898
- Southwestern Public Service Co. v. SmithCourt of Appeals of Texas · 1932
- Guild v. First National BankSouth Dakota Supreme Court · 1894
- Wolverton v. Exchange National BankWashington Supreme Court · 1895
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