Dorchester v. Merchants Nat. Bank of Houston
Texas Supreme Court
Error to the Court of Civil Appeals, First District, in an appeal from Harris County. Dorchester, as receiver, sued the Merchants National Bank of Houston, along with the Texas Lamp & Oil Compan}’, for the amount of a check drawn in his favor against T. W. House, and dishonored by reason of his failure. Plaintiff’s recovery against the defendant bank was reversed on its appeal, and he then obtained writ of error.
1Opinion of the CourtChief Justice Bbown
This suit was instituted by Dorchester, receiver, against the Texas Lamp & Oil Company to recover $1563.33, on a verified account. The defendant admitted the correctness of the claim but alleged that it paid the claim by a draft for the sum due, drawn by it in favor of plaintiff on the hank of T. W. House, which was located in the City of Houston, which check was delivered to plaintiff, and that said Oil & Lamp Company had at that time in the T. W. House bank more than sufficient funds to pay the check which remained in said bank until its failure, and that plaintiff failed to present the…
2Cases cited1 opinion
- Merchants' National Bank v. National Bank of the CommonwealthMassachusetts Supreme Judicial Court · 1885
3Cited by7 opinions
- Farm and Home Savings and Loan Assn. v. StubbsMissouri Court of Appeals · 1936
- Holbrook v. W. L. Moody & Co.Court of Appeals of Texas · 1931
- Shaw v. R. C. Flick Mercantile Co.Court of Appeals of Texas · 1930
- Slone v. First Nat. Bank of GormanCourt of Appeals of Texas · 1924
- Campbell v. SharkIdaho Supreme Court · 1928
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