Harrison v. Lokey

• Decision Date: 06 June 1901
• Citation: 63 S.W. 1030
• Parties: HARRISON v. LOKEY.
• Court: Texas Court of Appeals

63 S.W. 1030

HARRISON v. LOKEY.

Court of Civil Appeals of Texas.

June 6, 1901.

Appeal from district court, Rockwall county; J. E. Dillard, Judge.

Suit by T. F. Lokey against Clyde Harrison. From a judgment in favor of plaintiff, defendant appeals. Affirmed.

H. M. Wade and Stroud & Ridgell, for appellant. D. P. Johnson, for appellee.

GARRETT, C. J.

The appellee brought this suit in the district court of Rockwall county to enjoin the execution of a judgment against him rendered in favor of the appellant in the justice's court of precinct No. 4 of said county. It appeared from the evidence that on the 24th day of August, 1887, the appellee and W. H. Slater executed a promissory note, payable to T. E. Hutchinson, for the sum of $60, with interest at the rate of 10 per cent. per annum, and due August 1, 1888. The note was executed for a threshing machine which was represented to be in good condition. After the appellee and Slater had executed the note, they took possession of the thresher, and went to get the power, which Hutchinson told them was at a neighbor's house. They discovered that the machinery was not in good condition, and left the thresher where they found the power. Some time afterwards appellee notified Hutchinson that the machinery was worthless, and that he would not pay the note. Hutchinson, as well as the appellant, lived in Rockwall county, and the appellee is a resident of Collin county. In 1898 Hutchinson brought suit on the note, as a lost note, evidenced by an attorney's receipt therefor, against the makers of it, in justice's court, precinct No. 3 of Rockwall county, and was represented in the suit by J. W. Reese, to whom the matter was intrusted for collection. Appellee was served with citation, and appeared to defend the suit, but Hutchinson dismissed it because, as he stated, Lokey would plead limitation. Hutchinson considered the claim worthless, and transferred it, without consideration, and without recourse on himself, to one Mercer, who transferred it to the appellant. Hutchinson gave the claim to Mercer, and when he turned it over to Mercer it was understood that he and Reese were to pay the costs of the suit that had been dismissed, and to have the proceeds when collected. J. W. Reese was the justice of the peace for precinct No. 4 in Rockwall county, and a scheme was formed by which Mercer transferred the claim to appellant, and he brought suit upon it against Lokey and Slater in Reese's court, and caused them to be cited by publication in an obscure newspaper in...