McCorkle v. Earle
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. R. E. B. Baylor. Suit by appellee against appellant and Job C. Chambers, on a promissory note for $228 33£, dated April 16th, 1855, payable January 1st, 1856, with a stipulation that if it was not paid at maturity, it should draw twelve per cent, interest from date until paid; signed by appellant; payable to said Chambers; and indorsed by Chambers to plaintiff.
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Appeal from Washington. Tried below before the Hon. R. E. B. Baylor. Suit by appellee against appellant and Job C. Chambers, on a promissory note for $228 33£, dated April 16th, 1855, payable January 1st, 1856, with a stipulation that if it was not paid at maturity, it should draw twelve per cent, interest from date until paid; signed by appellant; payable to said Chambers; and indorsed by Chambers to plaintiff. Answer by defendant McCorkle, that when he signed the note, he thought it was for $200, only, and that he was signing as surety for Chambers in a joint note with him; that he had only…
1Opinion of the Court
Hemphill, Ch. J.
Suit by Earle against McCorkle, on a promissory note for $228 33£, executed by McCorkle to J. C. Chambers, and by the latter assigned to Earle. The principal *233defence is the plea of usury; that the consideration of the note was two hundred dollars loaned by Earle, the plaintiff, to Chambers; but that the note was for two hundred and twenty-eight dollars; the twenty-eight dollars and thirty-three -§■ cents being the amount of interest on two hundred dollars, at twenty per cent, from the 16th April, 1855, the date of the note, to the first day of January, 1856, the day on which…
2Cited by1 opinion
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