Crawford v. Wingfield
Texas Supreme Court
.Appeal from Rusk. Tried below before the Hon. C. A. Frazer. Wingfield filed his petition in the District Court, alleging that he had borrowed five hundred and sixty dollars from Crawford, payable in five months and seventeen days, for which he executed seven notes for one hundred dollars each, amounting to seven hundred dollars.
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.Appeal from Rusk. Tried below before the Hon. C. A. Frazer. Wingfield filed his petition in the District Court, alleging that he had borrowed five hundred and sixty dollars from Crawford, payable in five months and seventeen days, for which he executed seven notes for one hundred dollars each, amounting to seven hundred dollars. That the notes contained one hundred and -forty dollars of usurious interest; that seven suits had been instituted against him in the justice’s court; that judgment had been recovered on all of them; concluding with a prayer for an injunction. The district judge…
1Opinion of the CourtBell, J.
We are of opinion that the court below erred in overruling the demurrer to the petition for injunction, and the motion that the injunction be dissolved. The petition for the injunction shows no reason why the party complaining of the usury did not make his defence to the suits that were instituted upon the usurious contracts, while those suits were pending in the justice’s court. His petition shows that he had entered into several contracts, which subjected him to suits in the justice’s court. If there was any reason why the demands which the appellant asserted in the justice’s court, ought…
2Cited by10 opinions
- Corcanges v. ChildressCourt of Appeals of Texas · 1926
- Crutcher v. WolfeCourt of Appeals of Texas · 1925
- Casualty Reciprocal Exchange v. UnderwoodCourt of Appeals of Texas · 1930
- Corcanges v. ChildressCourt of Appeals of Texas · 1924
- City of San Marcos v. International & G. N. Ry. Co.Court of Appeals of Texas · 1914
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