Waggoner v. National Bank of Commerce

Fifth Circuit

Waggoner v. National Bank of Commerce

156 F. 1023, 84 C.C.A. 680, 1907 U.S. App. LEXIS 4769

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 26, 1907

DocketNo. 1,718

StatusPublished

This text of 156 F. 1023 (Waggoner v. National Bank of Commerce) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Waggoner v. National Bank of Commerce, 156 F. 1023, 84 C.C.A. 680, 1907 U.S. App. LEXIS 4769 (5th Cir. 1907).

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Opinion

PER CURIAM.

This is the second appeal in this case. The decree now before us seems to be in accordance with our views as expressed In our former opinion (143 Fed. 53, 74 C. C. A. 207), and in the matters not passed upon in the former appeal seems to be correct. It is, however, somewhat involved, and, as it is suggested that under one aspect of the decree, it might permit a double recovery on the Coffey-Neal chattel mortgage, it is amended by limiting the full recovery by the National Bank of Commerce and the Bank of America, as against W. T. Waggoner and Robert Houssels, to the sum of $13,337.50, together with 10 per cent interest thereon from date of decree, that being the full amount secured by said chattel mortgage; and, as thus amended, the decree is affirmed.

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PER CURIAM.

This is the second appeal in this case. The decree now before us seems to be in accordance with our views as expressed In our former opinion (143 Fed. 53, 74 C. C. A. 207), and in the matters not passed upon in the former appeal seems to be correct. It is, however, somewhat involved, and, as it is suggested that under one aspect of the decree, it might permit a double recovery on the Coffey-Neal chattel mortgage, it is amended by limiting the full recovery by the National Bank of Commerce and the Bank of America, as against W. T. Waggoner and Robert Houssels, to the sum of $13,337.50, together with 10 per cent interest thereon from date of decree, that being the full amount secured by said chattel mortgage; and, as thus amended, the decree is affirmed.

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156 F. 1023, 84 C.C.A. 680, 1907 U.S. App. LEXIS 4769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waggoner-v-national-bank-of-commerce-ca5-1907.

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