Carpenter v. Minter
Texas Supreme Court
Appeal from Wise. Tried below before Hon. P. E. Piner. The appellant (plaintiff below) sued appellee (defendant below) to recover a sum of money which the former had paid as surety for the latter.
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Appeal from Wise. Tried below before Hon. P. E. Piner. The appellant (plaintiff below) sued appellee (defendant below) to recover a sum of money which the former had paid as surety for the latter. Plaintiff alleged that on the tenth day of August, 1885, defendant executed a note to Henry Greathouse for $306, due at twenty days, bearing twelve per cent per annum from maturity; that plaintiff signed the note with defendant as principal, but was in fact only a surety for defendant; that by the execution of the note defendant and plaintiff became bound to pay the principal and interest thereon at…
1Opinion of the Court
Collard, Judge.
This case must be reversed. There was no variance in the affidavit for attachment and the petition. The affidavit claimed that $336.60 was the amount justly due the plaintiff. The petition claimed by its allegations the same amount, and the exhibit attached to the petition did not show that a less amount was due. It is true the petition alleged that the attorney fees were to become due on maturity of the note, and the note filed as an exhibit to the petition only allowed attorney fees in ease of suit by the payees; but the surety paid the note on maturity and then brought suit…
2Cases cited1 opinion
- Tutt v. ThorntonTexas Supreme Court · 1882
3Cited by18 opinions
- Faires v. CockerellTexas Supreme Court · 1895
- Fox v. KroegerTexas Supreme Court · 1931
- Bennett v. Southern Pine Co.Supreme Court of Georgia · 1905
- Wilkins v. MaggardSupreme Court of Arkansas · 1935
- Reynolds v. PlantsSupreme Court of Arkansas · 1938
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