Tutt v. Thornton

Citations

• 57 Tex. 35
• 1 Tex. L. R. 134
• 1882 Tex. LEXIS 87

Syllabus

<p>1. Erasure — Hon est pactum.—When one who indorses a note before its delivery, but who is not a party thereto on the face of the note, subseqtiently pays it, and sues the maker, the erasure of his indorsement by a pen-mark drawn through his signature is not a material alteration as between the parties to the suit, and does not affect the liability of the maker.</p> <p>2. Promissory note.— The payment of anote by a surety is not, as between himself and the principal, an extinguishment of the same, and his right of action against the principal is upon the note and not on an implied assumpsit.</p> <p>8. Case overruled.— Holliman v. Rogers, 6 Tex., 91, overruled.</p>