Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 98
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98 CLAIBORNE V. BIRGE. [Tyler Term,
Statement of the case.
tain the amount due on the contract in lawful money. In
the case of Mathews v. Rucker, decided at the present
term, we held that a party entitled to be paid in Confederate
dollars can recover their value at the time and place
of the contract in lawful money of the United States, following
the decision in Thorington V. Smith, 8 Wall., 1.
In the view the court took of the case the charge was erroneous.
It was also erroneous to exclude the evidence offered
by the defendants to prove the alleged agreement to
discharge the debt in pork, and for these errors the judgment
REVERSED AND REMANDED
V. H. CLAIBORNE V. N. A. BIRGE.
1. ALTERATION OF NOTE WITHOUT CONSENT OF SURETY.-An agreement
by the principal to pay an increased rate of interest without
consideration will not discharge the surety.
2. THE RELEASE OF SURETY BY ALTERATION of contract by principal
can only follow from a valid contract binding upon the principal. and
in some way interfering with or impairing the rights of the surety.
APPEAL from Marion. Tried below before the Hon. M.1
Virginius H. Claiborne sued J. M. TTrquhart and N. 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 Iamilton
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.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/106/: accessed June 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .