[Download] "York Supply Company Et Al. v. Dunigan Tool & Supply Company" by Eastland Court of Civil Appeals of Texas " eBook PDF Kindle ePub Free
eBook details
- Title: York Supply Company Et Al. v. Dunigan Tool & Supply Company
- Author : Eastland Court of Civil Appeals of Texas
- Release Date : January 11, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
This is an appeal from an order overruling the plea of privilege of York Supply Company, a Texas corporation, to be sued at the place of its domicile, in Harris County, Texas. Dunigan Tool & Supply Company brought suit against York Oil Field Service Company, a trade name used by J. M. Lawrence, a resident of Pecos County, Texas, and against York Supply Company, a corporation, with its principal office and domicile in Houston, Harris County, Texas. The suit was based upon a promissory note alleged to have been executed by J. M. Lawrence, individually, doing business as York Oil Field Service Company, and by York Supply Company, a corporation. No plea of privilege was filed by J. M. Lawrence. York Supply Company filed a plea of privilege which was controverted by the plaintiff on the ground that the suit was upon a joint and several note executed by both defendants. It was urged in the controverting affidavit that venue was properly laid in Stephens County, Texas, as to the defendant, J. M. Lawrence, a resident of Pecos County, under the provisions of subdivision 5, Article 1995, Vernons Revised Civil Statutes because he executed the note which was by its terms payable in Stephens County and that the York Supply Company was properly sued in Stephens County because it was a joint maker of the note and a necessary party to a suit upon such note within the meaning of subdivision 29a, Article 1995. York Supply Company filed an amended plea of privilege and a plea of non est factum denying the execution of the note, and particularly denied that J. M. Lawrence, who, on the face of the note, purported to sign same on behalf of York Supply Company, had authority to act for or in its behalf in executing the note or that he was ever an agent or an employee of such company. York Supply Company further denied that the note was executed by any employee or person authorized to act for or in its behalf. The plea of privilege was overruled and York Supply Company has appealed.