Burrow v. Zapp

Citations

• 69 Tex. 474
• 6 S.W. 783
• 1888 Tex. LEXIS 881

Syllabus

<p>1. Practice — Finding op Pact. — If the finding of a fact by the court trying a cause without a jury is predicated upon the mere opinion of a witness, and the party against whom the fact is found fails to cross examine the witness to ascertain on what basis of facts the opinion is given, it will on appeal be deemed conclusive.</p> <p>2. Indorser. — When the maker of a note is notoriously insolvent it is not necessary to sue at the first term after the maturity of the note to bind the indorser.</p> <p>3. Guarantor. — When one guarantees the payment of a note, delay in enforcing payment by suit will only relieve the guarantor from liability to the extent that he has suffered injury by the delay. If the payment of the note is secured by a vendor’s lien on land, and the land has not depreciated in value, delay in suing to enforce collection can not relieve the guarantor.</p>