Cain v. Bonner
Court of Appeals of Texas
Appeal from District Court, Smith County; R. W. Simpson, Judge. Action by W. G. Cain against Charles T. Bonner and another. From a judgment for defendants, plaintiff appeals. The-appellees are husband and wife, and. were at the time of the transactions herein, and the property involved is their homestead, and was prior to the inception of the transactions, and is the separate property of the wife.
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Appeal from District Court, Smith County; R. W. Simpson, Judge. Action by W. G. Cain against Charles T. Bonner and another. From a judgment for defendants, plaintiff appeals. The-appellees are husband and wife, and. were at the time of the transactions herein, and the property involved is their homestead, and was prior to the inception of the transactions, and is the separate property of the wife. At the time of the application for the loan in suit the appellees were constructing on the property a residence, which had been in the course of construction for about a year. The workmen were being…
1Opinion of the Court
8224 Writ of error granted by Supreme Court. The appellant by his assignments challenges the conclusions made by the court that the obligation of indebtedness sued on is tainted by usury, and that the mechanic's lien contract is in part invalid. The controversy between the parties is upon these two points. As the ground for holding the mechanic's lien contract invalid in part is not connected with the defense of usury, the two questions can be considered separately. The court's findings are to the effect (1) that the original agreement of loan to appellees by the loan company was a scheme to…
2Cases cited8 opinions
- Howard Hume, Administrators, Etc. v. WindomTexas Supreme Court · 1894
- St. Louis Southwestern Railway Co. v. TodTexas Supreme Court · 1901
- Galveston & Houston Investment Co. v. GrymesTexas Supreme Court · 1901
- Krause v. PopeTexas Supreme Court · 1890
- Cousins v. GreyTexas Supreme Court · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Garrett v. KatzCourt of Appeals of Texas · 1929
- Zeigler v. Federal Land Bank of HoustonCourt of Appeals of Texas · 1935
- Christian v. ManningCourt of Appeals of Texas · 1933
- Melcher v. HigbeeCourt of Appeals of Texas · 1914
- Judge v. ShaboubCourt of Appeals of Texas · 1933
8 more not listed; retrieve them via the Exa API.