Wallace & Co. v. Hudson

Citations

• 37 Tex. 456

Syllabus

<p>On October 28th, 1670, W. and his wife, at Jefferson, Texas, mortgaged separate property of the wife, to secure an overdue indebtedness of W. to the appellants. In this transaction the appellants acted by their agent, and the consideration of the mortgage was an extension of time to W. for payment of bis debt. But, on the 21st of the same month, appellants, at New Orleans, had sued out attachment and garnishment against W., and when subsequently informed of the mortgage security obtained by their agent, they refused to dismiss their attachment and garnishment, but pressed them until W., to procure their dismissal, paid them a considerable part of his indebtedness—the extension of time, granted by their agent, being still unexpired. Held, that Mrs. W. must be regarded as a guarantor for her husband ; that the consideration of her guaranty was destroyed by the acts of appellants, and thereby they lost their recourse upon her.</p>