Miner v. Paris Exchange Bank
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. R. R. Gaines. The character of the suit is apparent from the opinion. The court charged that the evidence introduced by defendant did not sustain the plea of usury, and refused to charge that if the jury found upon calculation that the amount stipulated for in the note, by way of interest, amounts to more than twelve per cent, per annum upon the sum actually borrowed, then the same would be usurious.
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Appeal from Lamar. Tried below before the Hon. R. R. Gaines. The character of the suit is apparent from the opinion. The court charged that the evidence introduced by defendant did not sustain the plea of usury, and refused to charge that if the jury found upon calculation that the amount stipulated for in the note, by way of interest, amounts to more than twelve per cent, per annum upon the sum actually borrowed, then the same would be usurious. The third error assigned was, “ the court erred in refusing the charge asked by defendants.”
1Opinion of the Court
Bonner, Associate Justice.
Appellant Miner, on June 5, 1876, was indebted to appellee, Paris Exchange Bank, in the sum of $2,233.33, principal and interest.
Time of payment was extended to January 1, 1877, and legal conventional interest was calculated on the above amount to this last named date, which, with the amount then due, made the sum of $2,360, for which the note here sued on was given.
It was due January 1, 1877, bears interest at the rate of one per centum per month from maturity, which of itself was not against the provisions of the statute regulating interest, and *561contains the…
2Cases cited6 opinions
- Mills v. JohnstonTexas Supreme Court · 1859
- Camp v. BatesSupreme Court of Connecticut · 1836
- Bond v. MallowTexas Supreme Court · 1856
- Frazier v. CampbellTexas Supreme Court · 1849
- Coles v. KelseyTexas Supreme Court · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Bothwell v. Farmers & Merchants State Bank & Trust Co.Texas Supreme Court · 1930
- Beckham v. ScottCourt of Appeals of Texas · 1911
- Sisters of Charity of the Incarnate Word v. DunsmoorCourt of Appeals of Texas · 1992
- Crider v. San Antonio Real Estate, Building & Loan Ass'nTexas Supreme Court · 1896
- Brooklyn Union Gas Co. v. Transcontinental Gas Pipe Line Corp.District Court, S.D. Texas · 1960
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