Legal Opinion

O'CONNOR v. Lamb

Court of Appeals of Texas

Decided December 31, 1979No. 20146PublishedCited by 3 opinions

1Opinion of the Court

CARVER, Justice.

Marie O’Connor appeals from a judgment against her on a promissory note in favor of R. B. Lamb. We agree with O’Connor’s complaint on appeal that Lamb contracted for and charged interest on the note in excess of double the amount allowed by law thus rendering the debt unenforceable and imposing a penalty of twice the interest charged plus attorney’s fees. Consequently, we reverse and render judgment in favor of O’Connor, discharge the note and assess a penalty in favor of O’Connor for $1,000, that being twice the unlawful interest charged. We reverse and remand for trial the…

2Cases cited5 opinions

  1. Greever v. PerskyTexas Supreme Court · 1942
  2. Crow v. Home Savings Association of Dallas CountyTexas Supreme Court · 1975
  3. Schmid, Recr. v. Nat'l. BankTexas Supreme Court · 1938
  4. Ross v. WalkerTexas Supreme Court · 1977
  5. Walker v. RossCourt of Appeals of Texas · 1977

3Cited by3 opinions

  1. Armando Fong Najarro and Compania Financiera Libano, S.A. v. Sasi International, Ltd., and Suzanne FrameCourt of Appeals for the Fifth Circuit · 1990
  2. Conte v. Greater Houston BankCourt of Appeals of Texas · 1982
  3. Fears v. Mechanical & Industrial Technicians, Inc., Texas Court of Appeals, 12th District (Tyler)1983

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