Curlee Clothing Co. v. Wickliffe
Decision Date | 12 February 1936 |
Docket Number | No. 6555.,6555. |
Citation | 91 S.W.2d 677 |
Parties | CURLEE CLOTHING CO. v. WICKLIFFE. |
Court | Texas Supreme Court |
Smoot & Smoot and J. R. Ogle, all of Wichita Falls, for appellant.
L. W. Allred, of Chillicothe, for appellee.
The Court of Civil Appeals at Amarillo has certified to this court certain questions. The case involves the question of venue and the construction of article 5932 et seq., of title 98, Revised Civil Statutes of Texas, known as the Negotiable Instruments Act. Prior to certification, the Court of Civil Appeals held that the venue was in Hardeman county, and not in Wichita county, as contended for by appellant. 38 S.W.(2d) 175, 176. On account of the conflict between the decision of the Court of Civil Appeals in this case and the opinions of other Courts of Civil Appeals on this identical question, and in response to a petition for mandamus, this court, in an opinion written by Judge Leddy, a member of the Commission of Appeals, directed that the question of venue be certified. Curlee Clothing Co. v. Hall, 122 Tex. 456, 60 S.W.(2d) 202, 203.
In the certificate the facts stated by Judge Leddy in his opinion are adopted by the Court of Civil Appeals. They read as follows: "
It is undisputed that the notes signed by Wickliffe to Curlee Clothing Company in part read, "I * * * promise to pay to the order of Curlee Clothing Co. at ____ Texas," and that the attorney for Curlee Clothing Company filled in the blank by adding "Wichita Falls," and that he wrote Wickliffe that the blanks had been so filled in.
In the opinion of the Court of Civil Appeals it is said:
In addition to the question of venue, the Court of Civil Appeals certified other questions. They read as follows:
Since questions Nos. 3 and 4 are closely related, and constitute the dominant basis for a decision in this case, we shall consider them first, and together.
Section 14 of article 5932, in part, reads:
Section 124 of article 5939, provides: "Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers."
Section 125 of article 5939 furnishes the rule as to what constitutes a material alteration in a note in the following particulars:
The foregoing articles of the statutes should be construed together, in order to arrive at the intention of the Legislature in passing this act.
Long before the Negotiable Instruments Law was in force, the general rule was announced that where a party to a negotiable instrument intrusts it to the custody of another, with blanks not filled in, such negotiable instrument carries on its face an...
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