79 S.W. 1083 | Tex. App. | 1904
On August 7, 1901, J.S. Miles drew a written draft on appellant and in favor of D.D. Wallace for $128. Wallace indorsed the draft to the Concho National Bank, and the bank transferred it to J.T. Thomson. The draft was never accepted by appellant. Miles, Wallace and Thomson reside in Tom Green County and appellant resides in Tarrant County.
Thomson brought suit on the draft in Tom Green County, making Miles, Wallace and appellant defendants. Appellant interposed a plea to the jurisdiction of the court over him, asserting his privilege to be sued in Tarrant County. At the trial judgment was rendered for the plaintiff against all of the defendants, and the defendant Gamer has appealed.
We sustain the fifth assignment of error, which complains of the refusal of a special instruction, to the effect that the unaccepted draft was no evidence of indebtedness upon the part of the defendant Gamer.
We also sustain appellant's contention to the effect that his plea of privilege was well taken. In House v. Kountze, 17 Texas Civ. App. 402[
For the error indicated, the judgment is reversed and the cause remanded.
Reversed and remanded. *285