First State Bank of Bedford v. Miller

563 S.W.2d 572 (1978)

FIRST STATE BANK OF BEDFORD, Texas, Petitioner,

v.

Macile MILLER, Individually and as Executrix, Respondent.

No. B-6863.

Supreme Court of Texas.

March 1, 1978.

Hooper, Kerry, Chappell & Broiles, R. David Broiles and Charles W. Combs, Fort Worth, for petitioner.

Staples & Foster, Ross T. Foster, Hurst, for respondent.

DANIEL, Justice.

This is a usury case in which a borrower sought statutory penalties and the lender counterclaimed for interest. A note for $70,000 payable in three years, with interest payable annually at ten percent per annum, was alleged to be usurious because the…