Payne v. Powell
Cases that cite this one
9 later published cases cite this decision.
- Security Trust & Savings Bank v. Ravel (N.M. 1918)
- National Bank of Commerce v. Gilvin (Tex. App. 1912)
- Benson v. Phipps (Tex. 1895)
- Terrell v. Barrack (Tex. App. 1885)
- Babcock v. Milmo National Bank (Tex. App. 1883)
- John Hoerr & Bro. v. Coffin (Tex. App. 1881)
- Royal v. Lindsay (Kan. 1875)
- Hartman v. Danner (Pa. 1873)
- Barnes v. Pilgrim (Tex. 1859)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The agreement, set up in the answer, as an agreement to give further time to the principal debtor, whereby the sureties are discharged from their liability, being an agreement to pay, for the use of money loaned, a larger premium,-or rate of interest, than is allowed by law, was usurious and void. (Hart. Dig. Art. 1609; 1 Wend. R. 555; 6 Id. 415.)
It is well settled, that the. mere giving of time to the principal debtor, without a binding agreement to that effect, will not discharge the surety. (Burke v. Cruger, 8 Tex. R. 66; Cruger v. Burke, 11 Id. 694.) And it seems equally well settled, that an executory contract, or promise to pay usurious, interest, not being obligatory on the principal, and the agreement to give time, consequently, being without consideration and void, such an agreement will not discharge the surety. (7 B. Monroe, 218; 6 Id. 287; 3 Id. 262; 1 Id. 322, 325.)
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.