Simmons v. Terrell
Court of Appeals of Texas
Appeal from Robertson. Tried below before Hon. John N. Henderson. H. D. Prendergast, on October 24, 1885, borrowed from appellee Mrs. A. H. Terrell $2000, for which he executed his note with interest at 12 per cent per annum from date, due twelve months after date.
Read the full summary
Appeal from Robertson. Tried below before Hon. John N. Henderson. H. D. Prendergast, on October 24, 1885, borrowed from appellee Mrs. A. H. Terrell $2000, for which he executed his note with interest at 12 per cent per annum from date, due twelve months after date. The note specified also that in case of suit after maturity to enforce collection 10 per cent attorney fees additional; and at the same time Prendergast executed to S. A. Posey a deed of trust on certain lands described in the petition to secure the payment of said note. On October 12, 1886, Pren-" dergast paid $240 on said note.…
1Opinion of the Court
HOBBY, Judge.
The suit was on the note for $2000, with 12 per cent interest and 10 per cent attorney fees, less a payment of ■ $240 interest. This note, when presented to the administrator, was allowed for the principal and interest due, but rejected for the $228.80 attorney fees.
It is claimed by appellant that as the administrator allowed all of the claim save the 10 per cent attorney fees, this suit was to establish the claim for that sum only, and was therefore not within the jurisdiction of the court, and that the plea to the jurisdiction should have been sustained. We do not think there…
2Cited by12 opinions
- Smith v. Mortgage & Debenture Co.Court of Appeals for the Fifth Circuit · 1900
- Beckham v. ScottCourt of Appeals of Texas · 1911
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- Morrill v. HoytTexas Supreme Court · 1892
- Estate of Dunovant v. Stafford Co.Court of Appeals of Texas · 1904
7 more not listed; retrieve them via the Exa API.