Burke v. Cruger
Texas Supreme Court
Appeal from Harris. The appellees ancl the appellants, jointly with Andrew J. McGown, in April, 1851, on a contract under seal, which contained, among others, the following stipulations, viz, that the party of the first part, Crnger and Moore, should print a weekly religious paper, to contain editorial and other matter, which Andrew J. McGown, alitor and proprietor,” should furnish; in consideration of which the party of (he second part, the said Mc-Gown, Burke, Bailey, and…
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Appeal from Harris. The appellees ancl the appellants, jointly with Andrew J. McGown, in April, 1851, on a contract under seal, which contained, among others, the following stipulations, viz, that the party of the first part, Crnger and Moore, should print a weekly religious paper, to contain editorial and other matter, which Andrew J. McGown, alitor and proprietor,” should furnish; in consideration of which the party of (he second part, the said Mc-Gown, Burke, Bailey, and Bagley, were to pay at tho rate of $900 a year in quarterly payments. The contract was signed by all the parlies as…
1Opinion of the CourtWheeler, J.
The principal inquiry is, whether parol evidence was admissible to prove that the defendants, who pleaded to the action, executed the contract as sureties; and if so, whether the evidence offered conduced to prove that the plaintiffs had given an extension of time to the principal by which the sureties were discharged from their undertaking-.
Whatever diversity of opinion there may have been upon the, question whether a party who has signed a joint and several bond or other specialty with another, can at law, and as against the obligee, aver and prove that he was but surety where ho appears as…
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- Yeary v. SmithTexas Supreme Court · 1876
- Cox v. Mobile & Girard RailroadSupreme Court of Alabama · 1861
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