Wybrants v. Lutch
Texas Supreme Court
Appeal from Navarro. Tried below before the Hon. Reuben A. Reeves. This was a suit brought by Samuel W. Wybrants and David Gr. Ransom, against John M. Lutch, Robert Gr. Lutch, William B. Pillow, and James B. Barry, on a promissory note made by them, in favor of the plaintiffs, for $2840.69, payable on the first day of June, 1856; payments amounting to over $500, were admitted.
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Appeal from Navarro. Tried below before the Hon. Reuben A. Reeves. This was a suit brought by Samuel W. Wybrants and David Gr. Ransom, against John M. Lutch, Robert Gr. Lutch, William B. Pillow, and James B. Barry, on a promissory note made by them, in favor of the plaintiffs, for $2840.69, payable on the first day of June, 1856; payments amounting to over $500, were admitted. The petition was filed on the 21st of July, 1857. The defendants, Pillow and Barry, pleaded a discharge from liability, as the sureties of John M. and Robert Gr. Lutch, on the note, because the plaintiff, by a contract…
1Opinion of the CourtBell, J.
The statement of facts contains an admission, in *310distinct terms, that William B. Pillow and James B. Barry, were securities on the promissory note, which is the foundation of the suit. It is also clearly shown, that the payees of the note, entered into a written agreement with one of the principal obligors upon the note, by which it was distinctly stipulated, that the time of payment of the note should be extended beyond the time specified, and additional security, in the shape of a deed of trust, was furnished to the payees of the note. The securities, Pillow and Barry, had no knowledge of…
2Cases cited1 opinion
- Burke v. CrugerTexas Supreme Court · 1852
3Cited by8 opinions
- Yeary v. SmithTexas Supreme Court · 1876
- Marshall National Bank v. SmithCourt of Appeals of Texas · 1903
- Speer v. RushingCourt of Appeals of Texas · 1916
- Cruse v. GauCourt of Appeals of Texas · 1917
- Morris v. BoothCourt of Appeals of Texas · 1892
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