Legal Opinion

Missouri-Kansas-Texas Railroad v. Fiberglass Insulators

Court of Appeals of Texas

Decided March 20, 1986No. 01-85-0545-CVPublishedCited by 13 opinions

1Opinion of the Court

OPINION

COHEN, Justice.

Neither a borrower, nor a lender be; For loan oft loses both itself and friend,...

Shakespeare, Hamlet, I, iii, 75.

Missouri-Kansas-Texas Railroad Company (MKT) sued Fiberglass for $9,290.00 and “interest” for failure to pay demur-rage due pursuant to a written contract. The jury found for MKT on all issues, but the court granted Fiberglass a judgment notwithstanding the verdict for damages of $11,469.00, based on usury. The trial judge ruled that, during the trial, MKT had committed usury when Frank Listvan, MKT’s accounts manager, requested an award of 10 percent…

2Cases cited45 opinions

  1. Simmons v. United StatesSupreme Court of the United States · 1968
  2. Cavnar v. Quality Control Parking, Inc.Texas Supreme Court · 1985
  3. Watkins v. JunkerTexas Supreme Court · 1897
  4. Phillips Petroleum Co. v. Stahl Petroleum Co.Texas Supreme Court · 1978
  5. Walker v. Temple Trust Co.Texas Supreme Court · 1935

40 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Perry Roofing Co. v. OlcottTexas Supreme Court · 1988
  2. Kern Oil & Refining Co., Plaintiff/counter-Defendant/appellee v. Tenneco Oil Company, Defendant/counter-Claimant/appellantCourt of Appeals for the Ninth Circuit · 1988
  3. Allied Bank West Loop, N.A. v. C.B.D. & Associates, Inc., Texas Court of Appeals, 1st District (Houston)1987
  4. Thomas C. Cook, Inc. v. Rowhanian, Texas Court of Appeals, 8th District (El Paso)1989
  5. Augusta Development Co. v. Fish Oil Well Servicing Co., Texas Court of Appeals, 13th District1988

8 more not listed; retrieve them via the Exa API.

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