Wagner v. AUSTIN SAVINGS AND LOAN ASSOCIATION

KEITH, Justice.

This is a usury suit. Harris-Wagner Corporation, a defunct Texas corporation, borrowed money from the defendant, Austin Savings and Loan Association. Plaintiff Wagner alleged that he owned one-third of the capital stock of the defunct corporation; Harris intervened, aligned himself with Wagner, and alleged that he owned the other two-thirds of the stock of the corporation. We will designate Wagner and Harris, collectively, as the plaintiffs. They sought to recover, as individuals, the penalties authorized by Vernon’s Tex.Rev.Civ. Stat.Ann. art. 5069-1.06 (1971). After a trial…