First National Bank of Jacksboro v. Lasater
Supreme Court of the United States
ERROR TO THE COURT OF CIVIL APPEALS OF THE SECOND SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS. . This case is here on error to the Court of Civil Appeals of the Second Supreme Judicial District of the State of Texas. It was an action brought in the District Court of Jack County by J. L. Lasater to recover from the First National Bank of Jacksboro twice a sum claimed to have been paid as usurious interest.
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ERROR TO THE COURT OF CIVIL APPEALS OF THE SECOND SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS. . This case is here on error to the Court of Civil Appeals of the Second Supreme Judicial District of the State of Texas. It was an action brought in the District Court of Jack County by J. L. Lasater to recover from the First National Bank of Jacksboro twice a sum claimed to have been paid as usurious interest. The material facts are as follows: J. L. Lasater and W. M. Maggard, as partners, borrowed of the bank $4,000, and executed their joint note with A. M. Lasater as surety. They also…
1Opinion of the Court
.Me. Justice BREwer,
after making the foregoing statement of facts, delivered the opinion of the court.
The mere discharge by A. M. Lasater-of the note executed by himself and J. L. Lasater, by giving his own note in renewal thereof, would not uphold a recovery from the bank on account of usurious interest in the former note. Brown v. Marion National Bank, 169 U. S. 416. The payment contemplated by the statute is an actual payment, and not a further promise to pay, and was not made until the bapk, in June, 1901, received its money. Prior to the renewal by A. M. Lasater, in October, 1900, there…
2Cases cited5 opinions
- Sessions v. RomadkaSupreme Court of the United States · 1892
- Sparhawk v. YerkesSupreme Court of the United States · 1891
- Dushane v. BeallSupreme Court of the United States · 1896
- Brown v. Marion National BankSupreme Court of the United States · 1898
- American File Co. v. GarrettSupreme Court of the United States · 1884
3Cited by151 opinions
- Brown v. O'KEEFESupreme Court of the United States · 1937
- Stein v. United Artists Corp.Court of Appeals for the Ninth Circuit · 1982
- Dynamics Corp. of America v. Marine Midland Bank-New YorkNew York Court of Appeals · 1987
- Adams v. ManownCourt of Appeals of Maryland · 1992
- Johnson v. United StatesUnited States Court of Federal Claims · 2001
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