The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1881-05-12
THE COUNTS.
synopsis of Opinions OF supreme
Court.

Court.
tIased upon reports Of commissioners Of ap
peals.l
Koonedy vs.. Bogard appeal. from Bexsr
In this case appellee, Bogard, plaintiff be-
low, as sub contractor under defendant Pat
rick Walsh, recovered in the district court {
personal judgment Of 500 30 against Walsh
as master builder, for certain material fur
uishtd, and work and labor done and per
formed ia the erection of building, and
also recovered judgment against the other
defendant, Kennedy, appellant, as the owner
of the building md the lot upon which 1t was
situated, enforcing the lsborer's lien thereon
for same amount as in judgment recovered
against Bogard, under act of November II,
1871. P. d., article ZIP. Defendant Ken
Mt y alone appealed
That such lien does not exist in favor of Il
sub contractor has heretofore been expressly
decided by this court sDd the court below,
erred in allowing the same.
81 Tex. 1893; ID. 40l; ID. 406; 90 Tex. G2l;
Sins vs.. House; Galveston term 1881. The
| judgment is reversed, and as without the
lien the court below had no jurisdiction OF
the amount in controversy, the cause Is dis
missed as to both defendants. Bonner, D.
Connor & Walker vs.. Donnell, Lawson "
20; appeai from D"lia9 eouny. nppol'
plalntlhs oelow' prough. SUN upon piG 9
lssory note MAGE ny aPpeiiahts III .nei' ~ LII
name lor S9Voo' psyaolH W an9 oa,oi ~ ' h'
first national oank OF Dallas sna eauerseu "
SAID 1irst nallohal cahk w pisiLins NV N1
Dallas, Texas, apr. 4'h' 100 pay"oIe slAty
days after oste az ounce o. DoIlnel' Wv i1awSou
" TO-, IN the stase anu cry Vi Wv IN IA
Among o.her sPooisl sn ,,ha,ao,p tt tSo
Dy appeHsnts was sup''"nSo o;on so
following: 1hae tne noso sueG oii T"S Kar.
" appellants al inc request VI M; oUHH noiai
WING was sheh pies't'ons ~ ~, tba
bank of Dallas without consideration On ;ne
part o! spgellsu's' nS Oh niioos hod
nole, 10 sSlu pahh, VI 'ii mllon app, 3.,nd
notce; that tnefeupoll sa9 hoso VIZ irtu'S ~
by sso pahh enG oelivervu " aPpe 9ho;r ntfino
cl'ysnu ota.e % Hs" do,n o, d han an1
IN sSlu Guy. anu INV Hp r1 ';S 49, and
there discounted sa'u ho'e iol sA't p"LN "tu
upon SUCH dlscounllng demanded ~, anu - Eo'
ceived OF SAID bank Tue sum OF 90 " %: o.
Interest upon sald hote' from rs u1to W iSs
maturity, 1t beng al lne rsle o. zen yer cenT
per annum interest thereon; sqal tUo iesal
rate OF interest IN the state OF w" ORR was
seven per cent per annuni at nav tiliie anu
that by the laws OF saiu slale tno 'oA,Ns W
contracting for a hlgnef rale OF lnceless thah
seven per cent per anlnm l2L LOT, !ofGeara ara y
upon loan OF money Is pfonioiteu IHu ls
usurious, and makes the contract or agroo'
ment null and VOID, ..I.l
Held, That 1t may Dc regarded ~ o Se''t For
law that If the note sued on were maze lor
the accommodation of the bank ana pom
nell, Lawson u 20. knowing tnat lac1'
discounted it for the bank at usurious ra'es'
Inc defense if usury, II MADE OUT, Woula %
available to both maker and endorser.
Parsons on Notes and Bllls, p, az; oc Dan,
on Neg. In. Sec. III, 800; 1 herman oo':
Duer $40.
If the note sued on be IN N. I. ana DO
also expressly made payaole at pony IA
that state, then the question OF uSury VIII oe
controlled by The law OF new ioIh' Hee
II N. Y. l73. Testing tnls particular p'ea
or answer O. appellants, by these rules ~ 10
found to present valid deiehse' as ~ SHOWS
that the mole sued on was llaue i9' slo
accommodation OF the panK' ana aNhousn
signed, dated and lnoorseo ID 1eAas, WHs
first negotiated and delivered In New loIh
and in law was made there Inc no1s pe,ns
also payable III n. I. ana having Deen oist
counted there for the bank AZ rate OF
interest forbidden by the laws OF that sta te
the defense OF u.ury, hs sta!eo ny lne pleH
was complete. Inc error IN sus'"ihing ap.
pelees demurrer to tnIs plea Is aio he
sufficient ~ require The cause 10 Dc
reversed and remanded' JouiG' -
Adams u Wic;o2s We. COOK; appeH5 L.Gl..
| Bexar. Appellee brougnS suit III u,sNlc,
court of Bex, aa,'y Inst Gould ana
Adams IL WIckes 10 Iecosertron doulo
5000, balance due for building house,
claiming builders lien on the ouC1ing
constructed and upon "hity acres OF iend
surrounding and inc uding me , same, Iur-
ther alleging that Adams q Wickes ns''
some sort OF claim uoon the land whicn
believes TO be a vendors Zen anu pay'LG
declare what claim, if any, they have upon