Legal Opinion · Dissent

Reynolds Mortgage Co. v. Thomas

Court of Appeals of Texas

Decided April 1, 1933No. 11199Published

1DissentLooney, Justice

After further consideration, I am convinced that the court erred in holding the loan contract, involved in this controversy, usurious, and in affirming the judgment below.

The contract consists of four parts: The principal note or bond for $3,000, with attached coupons, representing 7½ per cent, interest, and the deed of trust securing same; the second note for $709.15, payable in ten installments, representing 2½ per cent, interest, and the deed of trust (subordinate to the first) securing the latter note. Each note is fair upon its face, and, considered alone, no intention to collect…

2Cases cited6 opinions

  1. Texas Employers' Ins. v. TaborTexas Commission of Appeals · 1926
  2. Walker v. Temple Trust Co.Court of Appeals of Texas · 1933
  3. Barnhart v. RichardsonSupreme Court of Oklahoma · 1928
  4. City of Memphis v. BrowderTexas Commission of Appeals · 1929
  5. Starling v. HamnerSupreme Court of Arkansas · 1932

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