Legal Opinion

Gunter v. Merchant

Court of Appeals of Texas

Decided November 11, 1914No. 5404PublishedCited by 3 opinions

Appeal from District Court, Tom Green County; J. W. Timmins, Judge. Action by S. W. Merchant and another against W. M. Gunter. From a judgment for plaintiffs, defendant appeals.

1Opinion of the Court

Appellees S.W. Merchant and J. S. McConnell brought this suit against appellant Gunter to recover the sum of $2,400, claimed to be double the amount of usurious interest charged, exacted, demanded, and received by him from them, alleging that on March 11, 1912, they entered into a contract with appellant to borrow from him the sum of $8,000 for one year, for which they on said date executed and delivered to him their note for said amount, due March 11, 1913, bearing 10 per cent. interest from maturity, and 10 per cent. attorney's fees; that appellant charged, accepted, demanded, withheld, and…

2Cases cited10 opinions

  1. National Bank v. JohnsonSupreme Court of the United States · 1881
  2. St. Louis Southwestern Ry. Co. of Texas v. WadsackCourt of Appeals of Texas · 1914
  3. Rosetti v. LozanoTexas Supreme Court · 1902
  4. Texas & P. Ry. Co. v. TomlinsonCourt of Appeals of Texas · 1914
  5. Darling v. PeckOhio Supreme Court · 1846

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3Cited by3 opinions

  1. Chicago, B. & Q. R. v. WilsonCourt of Appeals of Texas · 1915
  2. Chicago, B. & Q. R. v. WilsonCourt of Appeals of Texas · 1915
  3. International & G. N. Ry. Co. v. BartekCourt of Appeals of Texas · 1915

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