Rutherford v. Smith
Texas Supreme Court
Error from Travis. The case was tried before Hon. A. W. Terrell, one of the district judges. This was a suit brought 'by defendant in error, James Smith, against plaintiff in error, Robert A. Rutherford, in the District Court of Travis county, for debt on promissory note.
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Error from Travis. The case was tried before Hon. A. W. Terrell, one of the district judges. This was a suit brought 'by defendant in error, James Smith, against plaintiff in error, Robert A. Rutherford, in the District Court of Travis county, for debt on promissory note. The petition, filed January 19, 1861, alleges that defendant, Robert A. Rutherford, “ made, executed, and delivered to H. Crocheron his obligation in writing, substantially as follows: “$1,174 72. On the 1st day of January next, I promise to pay H. Crocheron, or bearer, $1,174 72, with ten per cent, interest thereon from 1st…
1Opinion of the CourtWillie, J.
—The plaintiff in error seeks to reverse the judgment of the court below on the following grounds: 1st, because thp petition does not allege title to the note in plaintiff; 2d, because the contract sued on is usurious.
There is nothing in the first ground. The petition alleges that the payee transferred the note by indorsement to defendant in error for a valuable consideration, and this was sufficient to show title in the latter.
Nor can the second objection avail. It is said that the note is usurious, because, bearing date on the 6th of May, 1859, it draws interest from 1st of January, 1859,…
2Cited by9 opinions
- Rushing v. Citizens' National Bank of PlainviewCourt of Appeals of Texas · 1913
- Indiana & Ohio Live Stock Ins. Co. v. SmithCourt of Appeals of Texas · 1913
- City of San Antonio v. BodemanCourt of Appeals of Texas · 1914
- German Insurance v. I. M. Pearlstone & SonCourt of Appeals of Texas · 1898
- Barton v. PochylaCourt of Appeals of Texas · 1922
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