Pittsburg Nat. Bank v. Goss

Court of Appeals of Texas

Pittsburg Nat. Bank v. Goss

113 S.W.2d 301, 1938 Tex. App. LEXIS 810

CourtCourt of Appeals of Texas

DecidedJanuary 27, 1938

DocketNo. 3261.

StatusPublished

This text of 113 S.W.2d 301 (Pittsburg Nat. Bank v. Goss) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Pittsburg Nat. Bank v. Goss, 113 S.W.2d 301, 1938 Tex. App. LEXIS 810 (Tex. Ct. App. 1938).

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Opinion

O’QUINN, Justice.

We shall refer to plaintiff in error as plaintiff, and defendant in error as defendant, that being their attitude in the trial court.

Plaintiff sued defendant in the county court of Camp county, Tex., to recover on a promissory note in the sum of $200. The note was dated March 21, 1932, bore interest at the rate of 10 per cent, per an-num from and after October 1, 1931, and provided for 10 per cent, additional if collected by legal proceedings or if placed in the hands of an attorney for collection.

Defendant answered by general demurrer and general denial.

The case was tried to the court without a jury, and judgment was rendered for defendant. The pleading nor the evidence showed a legal defense against the action to recover.

Judgment should have been for plaintiff. Accordingly, the judgment is reversed and judgment here rendered for plaintiff in the sum of $338.42, principal $200, interest $107.66, and attorney’s fee $30.76. Reversed and rendered.

.WALKER, C. J., recused.

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