Murrell v. Scott
Texas Supreme Court
Appeal from Cooke. Tried below before the Hon. J. A. Carroll. Action was brought in the District Court of Cooke county, May 1, 1877, by R. F. Scott, against J. E". Murrell, J. M. Hobbs, and William H. Hobbs, executor of John R. Hobbs, to recover a balance alleged to have been due upon a promissory note for the sum of $910, dated January 17, 1876, due six months after date, bearing interest at the rate of four per cent, per month from maturity, signed by said J. M. Hobbs,…
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Appeal from Cooke. Tried below before the Hon. J. A. Carroll. Action was brought in the District Court of Cooke county, May 1, 1877, by R. F. Scott, against J. E". Murrell, J. M. Hobbs, and William H. Hobbs, executor of John R. Hobbs, to recover a balance alleged to have been due upon a promissory note for the sum of $910, dated January 17, 1876, due six months after date, bearing interest at the rate of four per cent, per month from maturity, signed by said J. M. Hobbs, John R. Hobbs, and Murrell, and payable to R. F. Scott. Ho evidence of the suretyship of either of the three appears on the…
1Opinion of the Court
Gould, Associate Justice.
One of the propositions of plaintiff in error is thus stated: “ Where a creditor has personal security, and, in addition, has a mortgage or other collateral security for the same debt, the surety, upon discharging the debt, is entitled to have the collateral security assigned to him; and if the creditor loses it, by negligence or by design, so that the surety cannot be subrogated to it upon his discharging the principal debt, the surety is discharged to the extent of the collateral security so lost.” This proposition is supported by the authorities cited by counsel,…
2Cited by12 opinions
- First Nat. Bank of Midland v. PowellCourt of Appeals of Texas · 1912
- Ramsey v. WahlTexas Commission of Appeals · 1921
- Lee v. First Nat. Bank of PurdonCourt of Appeals of Texas · 1923
- Hatch v. First State Bank of BrackettvilleCourt of Appeals of Texas · 1925
- Blocksom v. Guaranty State Bank & Trust Co.Texas Commission of Appeals · 1923
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