Spann v. Sterns
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. James H. Bell. Suit by appellant, Eleanor Spann, against appellees, Elam Stockbridge and Melinda Stockbridge, administrators of Christopher H. Sterns.
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Appeal from Galveston. Tried below before the Hon. James H. Bell. Suit by appellant, Eleanor Spann, against appellees, Elam Stockbridge and Melinda Stockbridge, administrators of Christopher H. Sterns. The original petition was filed Nov. 13th, 1855, and alleged several loans of money by Sterns to plaintiff, to secure which plaintiff gave deeds of trust on property with power to sell; alleged payments in money, and transactions in other property entitling plaintiff to credits ; alleged special confidence in Sterns and afterwards in defendants ; that plaintiff had kept no account, and that the…
1Opinion of the CourtWheeler, J.
There is no question of the rule of the Court of Chancery, that if the borrower seeks the aid of the Court to have a usurious security delivered up to be cancelled, or claims the enforcement of the Statute against usury, relief will only be decreed upon the terms of paying what is really due the defendant ; and if the complainant do not make such offer by his bill, the defendant may demur. (1 Story’s Eq. 301.) But I do not understand the rule to require that the plaintiff shall aver an actual tender, and bring the money into Court, as in case of a plea of tender. The precedents are not so,…
2Cases cited2 opinions
- Young v. ScottCourt of Appeals of Virginia · 1826
- Commonwealth v. Lilly's adm'r.Supreme Court of Virginia · 1830
3Cited by31 opinions
- Humble Oil & Refining Co. v. Sun Oil Co.Court of Appeals for the Fifth Circuit · 1951
- Gardner v. RundellTexas Supreme Court · 1888
- Goldfrank, Frank & Co. v. YoungTexas Supreme Court · 1885
- Dallas Trust & Savings Bank v. BrashearTexas Commission of Appeals · 1933
- Kawauchi v. TabataHawaii Supreme Court · 1966
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