Commerce Trust Co. v. Best

Mr. Judge SMEDLEY

delivered the opinion of the Commission of Appeals.

The case as presented here is an action by defendant in error for the recovery under Article 5073, Revised Civil Statutes of 1925, of double the amount of alleged usurious interest paid by defendant in error. The three principal contentions made by plaintiff in error are: First, that the contract evidenced by the notes and deeds of trust is not usurious, because the terms of the principal notes are controlling and dominant over the acceleration clause in the second deed of trust and bring the case within the rule of Dugan v.…