Legal Opinion

Northwestern Nat. Life Ins. Co. v. Whittington

Court of Appeals of Texas

Decided November 28, 1934No. 8018PublishedCited by 6 opinions

1Opinion of the Court

' McCLENDON, Chief Justice.

The controlling question in this case is whether, under a proper construction of the wording of two real estate mortgages given to secure a $5,000 loan, the transaction is usurious.

The first mortgage secured a bond for $5,000, with interest coupons attached at 7 per cent, per annum; the second mortgage, executed simultaneously,, secured five $100 *174interest notes, maturing annually thereafter, with interest thereon from maturity at 10 per cent, per annum. The first mortgage does not in any way refer to the second mortgage, or the second mortgage notes. It provided, in…

2Cases cited3 opinions

  1. Walker v. Temple Trust Co.Court of Appeals of Texas · 1933
  2. Burnette v. Realty Trust Co.Court of Appeals of Texas · 1934
  3. Hughes v. BrysonCourt of Appeals of Texas · 1930

3Cited by6 opinions

  1. Wellfare v. Realty Trust Co.Court of Appeals of Texas · 1935
  2. Peoria Life Ins. Co. v. HartonCourt of Appeals of Texas · 1935
  3. Southwestern Life Ins. Co. v. StanleyCourt of Appeals of Texas · 1935
  4. Norristown-Penn Trust Co. v. ColeCourt of Appeals for the Fifth Circuit · 1935
  5. Zapalac v. Travelers Ins. Co.Court of Appeals of Texas · 1935

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