Legal Opinion

Lincoln National Life Insurance v. Anderson

Texas Supreme Court

Decided March 27, 1935No. 6815PublishedCited by 38 opinions

1Opinion of the Court

Mr. Judge GERMAN

delivered the opinion of the Commission of Appeals.

A full and comprehensive statement of the facts in this case will be found in the opinion of the Court of Civil Appeals reported in 71 S. W. (2d) 555. As we have reached the conclusion there was no usury in either of the three loans involved, it will be unnecessary to discuss some of the questions presented.

The charge of usury is based upon acceleration clauses in various deeds of trust, and- there is no contention that in the transaction the interest actually provided for, in the absence of acceleration, would constitute…

2Cases cited5 opinions

  1. Shropshire v. Commerce Farm Credit Co.Texas Supreme Court · 1930
  2. Dugan v. LewisTexas Supreme Court · 1891
  3. Dallas Trust & Savings Bank v. BrashearTexas Commission of Appeals · 1933
  4. Bankers' Life Co. v. MillerCourt of Appeals of Texas · 1934
  5. Lincoln Nat. Life Ins. Co. v. AndersonCourt of Appeals of Texas · 1934

3Cited by38 opinions

  1. Southland Life Insurance v. EganTexas Supreme Court · 1935
  2. Marble Savings Bank v. DavisTexas Supreme Court · 1935
  3. Lubbock Hotel Co. v. Guaranty Bank & Trust Co.Court of Appeals for the Fifth Circuit · 1935
  4. Hamilton v. BillCourt of Appeals of Texas · 1936
  5. Wellfare v. Realty Trust Co.Court of Appeals of Texas · 1935

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