Hunter v. Clark
Texas Supreme Court
Error from Grayson. The case was tried before Hon. Hat. M. Burford, one of the district judges. This was a bill for an injunction filed by Hunter against Clark. The complainant alleged, in substance, that Clark had recovered a judgment against one Shannon and the complainant, upon a promissory note for some $266, on which complainant, as Clark well knew, was but a surety for Shannon.
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Error from Grayson. The case was tried before Hon. Hat. M. Burford, one of the district judges. This was a bill for an injunction filed by Hunter against Clark. The complainant alleged, in substance, that Clark had recovered a judgment against one Shannon and the complainant, upon a promissory note for some $266, on which complainant, as Clark well knew, was but a surety for Shannon. That execution issued upon such judgment, and at and long after its issuance said Shannon, the principal debtor, had ample means, in goods, chattels, and estate, for a .levy and satisfaction of the execution.…
1Opinion of the CourtCoke, J.
—We are of opinion that the court below did not err in sustaining the exceptions of defendant to plaintiff’s petition, and in dissolving the injunction and rendering judgment against him. That the giving time to the principal by the creditor without a binding contract to do so, or by forbearance or indulgence, or a failure by the creditor to prosecute his demand with active diligence, does not release the surety, is not an open question in this court. (Burke v. Cruger, 8 Tex., 66; Cruger v. Burke, 11 Id.. 694; Payne v. Powell, 14 Id., 600.)
The surety has a remedy in his own hands, by which he…
2Cases cited1 opinion
- Burke v. CrugerTexas Supreme Court · 1852
3Cited by11 opinions
- Jenness v. CutlerSupreme Court of Kansas · 1874
- Southern Surety Co. v. KleinCourt of Appeals of Texas · 1925
- Hall & Ruckel v. Johnston, Hill & Co.Court of Appeals of Texas · 1894
- National Bank of Commerce v. GilvinCourt of Appeals of Texas · 1912
- Security Trust & Savings Bank v. RavelNew Mexico Supreme Court · 1918
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