Case Information

*1 OFFICE OF THE ATTORNEY GENERAL OF TIZAS AUSTIN

Honorable Jesse James

State Treasurer

Austin, Texas

Dear I&. James:

Opinion No. O-56

methqd of aoqu

department as

t tpmqany, oopy of ,a Resolution gdaptsd by ths Ezeq%ire Seo$%taw ~I& the Board of Mreetgss of the Rational-~Bisatit Mu- under. date af April 12, 1943, ‘+d the original Powes of Attorney,

“This warrant wilJpr@bably be c&led for payment about Sammy 1; 1944,. and we thereiW0 a&k your .opIn.ion aa to whetbel or not the ~QeZ%i- fioate fumlished by the Seomtary of the lWtional *2 Honorable Jesse James Pags ^[2]

Bisouit Company and the OrTginal Power of Attorney attaohed thereto are sufflaient aat&.irfty for us to aooept for payment at or about January 1, 1944, the above mentioned warrant endorsed by Sidney Eenbow, Attorney in faot ror and on behalf of the National Bieouft com$auy.”

We suggeet that the matter be handled in the following way. Have the National Bisouit Company and Hr. Benbow jointly to exeaute an instrument of reoeipt and’aoqgittanae to be delivered to you at the time of pagment of.the warrant v&ioh may or oourse be made to Xr. Benbow.

suoh 811 instrument (to- U.kewi+~ oopies .qf this u may send to the Nati- Blsauit C%ty and to~P[r. Sidney Behbow, ‘with’ youx? Letter advising .~tbem of you will be in. funds to pay tbii3 ostned

attaohmenf

Approved Opinion Committee by E%‘&,- Chalnaan I‘

<~.’

mb

G5a!ArnoF~

Cm; OF TRAVIS ..I KNOW ALL ME?N BY ‘JEZSE PRESENTS that this ins truwent witnesseth:

WHEREAS General Revenue Warrant NO.’ 4l5OS3 for

the sum of $91,424.00 has been .regularly issued on April 2, 1943, in favor of Hatic&& Bisotit Company In pursuanoe’ crf S. B. 185, Oh. 95, of the regular session of the 48th Legislature (1943);

WHEXNAS Sidney Benbow, Att orhey at Law of Harris County, lkxae is th/s amer of an interest in said warraut on adoouut CC profeZmior.U& serVicea &mdered by bin to the

WHF@@ :St is aeaessaq in pursu~ae. o$ sard )’ ,_ S;. Bb 185; thatth&e’,bs. exeouted and delivered to the’Stat Tpaasurer a propsr: receipt aokuowlkdging the ‘pafwspt~ $f said judgwent and rei&3fiag the S+.af;e of Texas .t’rom Blljt-~a+$ all.

obligatio!ls orsat& tharaukdar, upon the. pa&%&of said warrant;.’

NOW ‘%iERE2?‘~, we the National B$S@t “gqnpsny, 1~~ a private oorporation .organlzad under tbs laws of ‘the’.‘&%ata of “’ .I New York, being the same sorpoPat.8 person n&ad in”S,, :B. 185, and likawlse iu said Stata Warm& .and Sidney Benbow of’ *4 f

., .: s

Houstosi; mxas,'the Attorney hereiubefore named, have this day reoefped payment in full of said warrant, a'ud have this .day acknowledged reaeipt thereof and by these presents do ~. acknowledge reoeipt thereof and likewise by these presents

do here and now release the State of Texas from any and all ,,obligaficns whatsoever oreated by aaid State ',l'arrant ho. ,;t :_ ,'

-415083 or by t&at oertaia Judgzant recovered by l%itional the State.of TQXSS iu the Distriof BitquIt Company against _' Court or~Travis County Texas, for the 53rd Judicial Distriot azid;there&ter duly affillped by the Supreme Court of Texas, and mentioned in 6. EL 155 Chr 93,. of the Aots of the 4Sth .zegsala;tow of' ~$xaS. <,

WI&?l$SS .the .Qnatures of said National Blseuit Oaapauy and the s@d;Benbow'ths former of which is attested Tj ..~ .~ by its oorporate beal,: ~~$his &e bag dr A.,D;iQti.

WBTIOIULBISCUITCOMl'ANY Bs

a P ~0etp!ii8rfr V~oe'President Sidney Benbow *5 .,. '&Et@ S'?A'J!Fa OF NZW YORK COUNTY OF

Before me the undersigned, a Notary Publio in and ror the Oounty or In the Stat6 . :of.New YoY.% on this day peraonallp appeared 0. P. Moritgan&y, Vice President of the IJatlokl Bisouit Caupatiy, a &poration ~. .,.

organized un4er the law@ of t&q State of New Y&k, &own to me to be the pereon'whose name is subsoribed to t& forego$ng ,.

instrument and aoknowledged td me that he exeouted:tha srme as the.avt .@I$ i'netrument'of the Aatlonal Biso$t &mp#y i u@on the a&M.de~~tlon an4 for the"purposee tWz!e&efa$& ' an4 in the oapaolty ,of Vloe President of the Natii%al Bisouiti ~. ,’ >~

Rotary-Pub110 , Ieeall

. ‘.

_.I’ .,,

.

S!i%~ OF TEXRS

o&‘oF HARRIS I.

On this day personally @peared berors me' the undersign* authotity a Notarfr Pub110 in and for Harris C&&y Texas, 'S&+.ke'y Benbow known to m6 to bs'the person whose name is subsoribed to the foregoing instrument and acknowledged to me.that he sxsouted the wie forthe pulc poses an4 upon the oonsideration therein stated.

Given u&lag my hand an4 vfflo&l ~8883, of .’

@otary Public, Harris Oaunty, T8XiiS

,