Legal Opinion

Speer v. Rushing

Court of Appeals of Texas

Decided February 2, 1916No. 5573PublishedCited by 2 opinions

Appeal from District Court, Robertson County; J. C. Scott, Judge. Suit by A. J. Speer against Will Rushing and another. From a judgment for defend- ants, plaintiff appeals.

1Opinion of the CourtJenkins, J.

In November, 1913, appellant loaned M. D. Sharp $4,000, upon a promissory note signed by said Sharp and R S. Glass & Go., Will Rushing, and J. W. Mc-Crary, payable January 1, 1914. Sharp was a member of the firm of R. S. Glass & C'o. While all parties appear on the face of the note as principals, in fact Sharp was the principal and the other parties were sureties, which fact was known to appellant at the time the money was loaned. Sharp and Glass & Co. became bankrupt in March, 1914. The only issue presented by this appeal is as to whether appellant agreed with Sharp to extend the time of…

2Cases cited10 opinions

  1. Benson v. PhippsTexas Supreme Court · 1895
  2. Andrews v. HagadonTexas Supreme Court · 1881
  3. Smith v. SublettTexas Supreme Court · 1866
  4. Russell v. MillerTexas Supreme Court · 1874
  5. National Bank of Commerce v. GilvinCourt of Appeals of Texas · 1912

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3Cited by2 opinions

  1. Farmers' State Bank of Florence v. CottinghamCourt of Appeals of Texas · 1924
  2. Georges v. FrickeCourt of Appeals of Texas · 1926

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