Smith v. Stevens
Texas Supreme Court
Suit was brought in the District Court October 27, 1887, by Smith against J. A. Stevens and Philip Gathings on a promissory note for $1065, of date April 16, 1885, payable December 25, 1885, with interest at 12 per cent after maturity, and 10 per cent attorney fees if collected by suit.
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Suit was brought in the District Court October 27, 1887, by Smith against J. A. Stevens and Philip Gathings on a promissory note for $1065, of date April 16, 1885, payable December 25, 1885, with interest at 12 per cent after maturity, and 10 per cent attorney fees if collected by suit. The defendants pleaded that the note in large part was made up of usurious interest, and a payment of $500; also counter-claim for the excess of the payment over the original amount of the principal. The pleadings and evidence sufficiently appear in the opinion.
1Opinion of the Court
HENRY, Associate Justice.
The motion for a rehearing of this cause calls in question the correctness of the opinion rendered at a former day of the term affirming the judgment of the District Court.
It is urged that there was error in applying the whole of the $500 payment as a credit upon the note for $1065, upon which this suit was brought. It is also contended that it was not proved on the trial from which this appeal was prosecuted that the note for $1423 was usurious.
In fact the record contains no evidence with regard to that note except a petition filed by the plaintiff in this suit in…
2Cases cited1 opinion
- Bexar Building & Loan Ass'n v. RobinsonTexas Supreme Court · 1890
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