Court of Civil Appeals of Texas, 1938

Pittsburg Nat. Bank v. Goss

Pittsburg Nat. Bank v. Goss
Court of Civil Appeals of Texas · Decided January 27, 1938 · O'Quinn
113 S.W.2d 301; 1938 Tex. App. LEXIS 810 (South Western Reporter, Second Series)

Pittsburg Nat. Bank v. Goss

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.