Alexander v. Bank of American National Trust & Savings Ass'n
Dr. Charles S. ALEXANDER, Appellant, v. BANK OF AMERICAN NATIONAL TRUST AND SAVINGS ASSOCIATION, Appellee
Opinion
WILSON, Justice.
Defendant appeals from a summary judgment in plaintiff’s action, as assignee, on a promissory note. Defendant, maker of the note, pleaded failure of consideration and that plaintiff was not a holder in due course. He now says the pleadings raise a fact issue precluding summary judgment under Rule 166-A, Texas Rules of Civil Procedure.
The judgment recites the court considered, among other matters, the deposition of defendant. The deposition, one portion of the record to be considered in determining whether summary judgment is proper under the Rule, is not in the record. It is impossible for us to decide from that incomplete record that the judgment was erroneous. Torrey v. Cameron, 74 Tex. 187 , 11 S.W. 1088 . It is presumed the omitted deposition established its propriety. Armstrong v. West Texas Rig Company, Tex.Civ.App., 339 S.W.2d 69, 73 , writ ref. n. r. e.; Locke v. J. H. Marks Trucking Co., Tex.Civ.App., 318 S.W.2d 1 ; Stovall v. Scofield, Tex.Civ.App., 325 S.W.2d 221 ; McFarland v. Connally, Tex. Civ.App., 252 S.W.2d 486, 488 .
Affirmed.
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
-
(“It is impossible for us to decide from [the] incomplete record that the [summary] judgment was erroneous.”)
Cited by 20 cases
View all citing references →Relies on it most ⓘ
Most recent
- David Paul Healy v. Simone Barron
- McClure v. Attebury
- McCarty-Hull Cigar Co., Inc. D/B/A McCarty-Hull, Inc. Basin Candy and Tobacco Company Berry-Barnett Grocery Company, Inc. B & G Tobacco & Candy Company, Inc. B & G Tobacco & Candy Company, Inc. D/B/A B & G Pasadena Wholesale v. Bob Bullock, Comptroller of Public Accounts of the State of Texas Ann W. Richards, Treasurer of the State of Texas And Jim Mattox, Attorney General of the State of Texas
- DeSantis v. Wackenhut Corp.
- Cliff Management Corp. v. Lovell
- Gay v. City of Hillsboro
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.