Commercial Security Co. v. Hull
Citation | 212 S.W. 986 |
Decision Date | 28 May 1919 |
Docket Number | (No. 6231.) |
Parties | COMMERCIAL SECURITY CO. v. HULL et al. |
Court | Court of Appeals of Texas |
Appeal from District Court, Bexar County; J. T. Sluder, Judge.
Action by the Commercial Security Company against J. C. Hull and others. Judgment for defendants, and plaintiff appeals. Affirmed.
Wm. C. Church, of San Antonio, and John T. Booz, of Chicago, Ill., for appellant.
T. P. Hull and L. Old, both of Uvalde, for appellees.
Appellant sued Hull Drug Company, a copartnership, and J. C. Hull, one of the members of the firm, upon four promissory notes for $200 each, signed Hull Drug Company, payable to Partin Manufacturing Company, and indorsed to appellant.
Appellees answered by plea of non est factum, allegations to the effect that the notes had been stolen before being delivered by defendants to any one, and that there was no consideration for the notes.
By a supplemental petition appellant denied the allegations of the answer and alleged that it purchased the notes for value, before maturity, and without notice of any of the vices or infirmities recited in the answer.
The trial court's findings of fact are as follows:
No request was made for additional findings, nor is any assignment of error presented wherein complaint is made that the findings are unsupported by the evidence.
Appellant simply contends that the undisputed evidence shows that it purchased the notes in the usual course of trade, before maturity, for a valuable...
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American Express Co. v. City Nat. Bank
...good faith about the matter, and paid face value in cash. Cherbonnier v. Bank (Tex. Civ. App.) 199 S. W. 307; Commercial Security Co. v. Hull (Tex. Civ. App.) 212 S. W. 986; 8 Corpus Juris, p. 208, § 338; Gross v. Arnold, 177 Ill. 575, 52 N. E. 867; Linick v. Nutting, 140 App. Div. 265, 125......
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Citizens' Nat. Bank v. Campbell
...The following may be mentioned: Metropolitan National Bank v. Vanderpool (Tex. Civ. App.) 192 S. W. 589; Commercial Security Co. v. Hull (Tex. Civ. App.) 212 S. W. 986; State Bank v. Williams (Tex. Civ. App.) 277 S. W. 773; Spencer v. Tripplett (Tex. Civ. App.) 184 S. W. 712; Landon v. Halc......
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...the hands of an innocent purchaser for value. Spencer v. Tripplett, 184 S.W. 712 (Tex.Civ.App., Amarillo 1916, n.w.h.); Commercial Security Co. v. Hull, 212 S.W. 986 (Tex.Civ.App., San Antonio 1919, n.w.h.) and Citizens' Nat. Bank v. Campbell, 6 S.W.2d 799 (Tex.Civ.App., Eastland 1928, n.w.......