Moseley v. Smith
Texas Supreme Court
Error from Upshur. Tried below before Hon. C. A. Frazer. To the judgment below both parties prosecuted writs of error. The facts are contained in the Opinion.
1Opinion of the Court
Hemphill, Ch. J.
The suit is on a contract for the loan óf money with interest at five per cent, per month.
The defendants made default, and judgment being given for only the principal sum loaned, the plaintiff, in a well prepared brief, insists that the usury not being set up as a defence, he was entitled to judgment for the whole interest as fixed by the agreement. ,
*442Several authorities are cited, which give some countenance to the position, but we do not deem it necessary to refer to, or review them, or to examine the distinctions allowed in this matter of pleading between action of assumpsit…
2Cited by7 opinions
- Henry v. SansomCourt of Appeals of Texas · 1893
- Taylor v. SheltonCourt of Appeals of Texas · 1911
- Parker v. Fulton Loan & Building Ass'nSupreme Court of Georgia · 1871
- Aetna Building & Loan Ass'n v. RandallSupreme Court of Oklahoma · 1909
- Harrison v. State Central BankCourt of Appeals of Texas · 1883
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