Rosenberg v. First Nat. Bank

• Decision Date: 26 September 1894
• Citation: 27 S.W. 897
• Parties: ROSENBERG et al. v. FIRST NAT. BANK OF TEXARKANA.
• Court: Texas Court of Appeals

27 S.W. 897

ROSENBERG et al. v. FIRST NAT. BANK OF TEXARKANA.

Court of Civil Appeals of Texas.

September 26, 1894.

Appeal from district court, Bowie county.

Garnishment by Rosenberg, Flexner & Mendell against S. Reinberg (the First National Bank of Texarkana, garnishee). Judgment for garnishee, and plaintiffs appeal. Affirmed.

Henry & Henry, for appellants. P. A. Turner, for appellee.

Conclusions of Fact.

RAINEY, J.

The statement of facts, as agreed to by the attorneys and approved by the presiding judge, found in the record, we adopt as our conclusions of fact, as follows: "(1) It is agreed that the First National Bank of Texarkana owed S. Reinberg, on his deposit account, five hundred and ninety-four dollars on the 22d and 23d days of December, 1890, and had owed him this amount for several months prior thereto. (2) That Rosenberg, Flexner & Mendell sued Reinberg in the district court of Bowie county, Texas, on the 22d day of December, 1890, and caused a writ of garnishment to be issued, and caused it to be served on said 22d day of December, 1890, on the First National Bank of Texarkana, by delivering a copy of said writ to W. A. Kelsey, who was the cashier of the said First National Bank of Texarkana. (3) Rosenberg, Flexner & Mendell recovered judgment against said S. Reinberg in the above case for the sum of nine hundred and ninety-nine & 10/100 dollars, and all costs of said suit, on the 24th day of March, 1892, in the district court of Bowie county. (4) Patrick J. Cunningham sued S. Reinberg in the county court of Bowie county on the 23d day of December, 1890, and caused a writ of garnishment to be issued in said case on the same day against the First National Bank of Texarkana, which was served on J. H. Draughon on said 23d day of December, 1890, the said Draughon being the president of said bank, and said garnishment proceeding is still pending. (5) Patrick J. Cunningham prosecuted the above suit to a final judgment in the county court of Bowie county, and recovered judgment against the said S. Reinberg for the sum of six hundred and forty-seven and 10/100 dollars in said court on the 22d day of April, 1891. (6) On the 29th day of November, 1890, S. Reinberg drew and delivered to Samuel C. Davis & Co. his check, as follows: `Texarkana, Texas, Nov. 29th, 1890. Pay to Samuel C. Davis & Co., or order, four hundred and fifty-three & 50/100 dollars. S. Reinberg. To First National Bank, Texarkana, Texas.' This check was presented to the First National Bank of Texarkana for payment on the 3d day of December, 1890, and payment was refused, and said check was on the same day duly protested. (7) On the 31st day of July, 1890, the said S. Reinberg executed and delivered to the First National Bank of Texarkana his promissory note, in writing, for three hundred dollars, due December 3, 1890, bearing interest at 12 per cent. after due till paid. On October 3, 1890, the First National Bank of Texarkana indorsed this note in blank, and rediscounted it to the Galveston National Bank of Galveston, Texas. On December 3, 1890, this note was presented to S. Reinberg for payment; and, on his failing to pay the same, it was, on the same day, duly protested for nonpayment. (8) The First National...