Legal Opinion

Rosetti v. Lozano

Texas Supreme Court

Decided November 13, 1902No. 1142PublishedCited by 57 opinions

Question certified from the Court of Civil Appeals for the Fourth District," in an appeal from Webb County.

1Opinion of the Court

WILLIAMS, Associate Justice.

Certified questions from the Court of Civil Appeals for the Fourth District, as follows:'

“The action was against appellee upon a note payable to appellant dated January 4, 1899, for $235, due one year after date, with 10 per cent interest per annum from maturity until" paid, with provision for 10 per cent attorney’s fees if placed in the hands of an attorney for collection after maturity. Appellee Ygnacio Lozano under oath pleaded: 'That he received from plaintiff $200 and signed the note for $235; that the extra $35 was the usurious interest for one year. That…

2Cases cited3 opinions

  1. International Building & Loan Ass'n v. BieringTexas Supreme Court · 1894
  2. Stout, Goldsborough & Perry v. Ennis National BankTexas Supreme Court · 1887
  3. Railway Co. v. LoftinSupreme Court of the United States · 1879

3Cited by57 opinions

  1. L. K. Peterson and William H. Scott, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1965
  2. City of Austin v. CahillTexas Supreme Court · 1905
  3. Adleson v. B. F. Dittmar Co.Texas Supreme Court · 1935
  4. Dallas Trust & Savings Bank v. BrashearTexas Commission of Appeals · 1933
  5. Cotton v. CooperTexas Commission of Appeals · 1919

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