First State Bank of Bedford v. Miller

This dissent is respectfully submitted.

This writer agrees with the greater part of the majority opinion. Under the section entitled “Recovery of Interest Payments,” *578the majority correctly recites that the lender Bank is clearly not entitled to recover the two seven thousand dollar sums, one of which was deposited with the court and the other being deposited in Mrs. Miller’s account with the Bank, for under the unequivocal writings of this court the sums represent usurious interest. Wall v. East Texas Teachers Credit Union, 533 S.W.2d 918 (Tex.1976).

However, the majority then continues by…