Claiborne v. Birge
Texas Supreme Court
Appeal from Marion. Tried below before the Hon. M. L. Crawford. Virginius H. Claiborne sued J. M. Urquhart and H. A. Birge upon three promissory notes, of date January 1,1871, executed by Urquhart as principal and Birge and one Ward as sureties to William Hamilton, and by Hamilton indorsed to plaintiff.
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Appeal from Marion. Tried below before the Hon. M. L. Crawford. Virginius H. Claiborne sued J. M. Urquhart and H. A. Birge upon three promissory notes, of date January 1,1871, executed by Urquhart as principal and Birge and one Ward as sureties to William Hamilton, and by Hamilton indorsed to plaintiff. The notes were for $200 each, and due April 1, July 1, and October 1 thereafter, and all bearing twelve per cent, interest after maturity; also upon an obligation as follows : “ Jefferson, Texas, July 7th, 1871. “This is to certify that I bind myself to pay two per cent. per month interest on…
1Opinion of the Court
Moore, Associate Justice.
The court instructed the jury that any agreement between Claiborne, the assignee of the notes, and Urquhart, the principal debtor, subsequent to their execution, for the payment of a higher rate of interest than that expressed in the notes, “was such an alteration of the original contract as discharges the surety; ” and i-efused to further instruct them, as requested by the plaintiff, that such agreement, unless based on a valid consideration, would not have this effect. It is not pretended that there was any change or alteration of the notes themselves, so that they…
2Cases cited2 opinions
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