Smith v. Chilton

DENMAN, Associate Justice.

The Court of Civil Appeals for Second Supreme Judicial District have certified to us the following question: “Whether in a suit to recover the penalty provided in Article 3106 of the Revised Statutes of Texas for taking usurious interest the party suing is entitled to recover double the whole amount of interest so received, or only double the excess above what might lawfully have been contracted for and received." The section of the statute referred to was first enacted in this State in 1892 and is as follows: “If usurious interest, as defined by the preceding…