Braly v. Connally
Court of Appeals of Texas
Appeal from District Court, Smith. County; W. R. Heath, Judge. Action by W. T. Braly against Walter Connally and another. Judgment for defendants, and plaintiff appeals. Appellant brought the suit to recover double usurious interest alleged to have been paid by him to appellees. The trial was before the court without a jury, and judgment was rendered in favor of appellees.
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Appeal from District Court, Smith. County; W. R. Heath, Judge. Action by W. T. Braly against Walter Connally and another. Judgment for defendants, and plaintiff appeals. Appellant brought the suit to recover double usurious interest alleged to have been paid by him to appellees. The trial was before the court without a jury, and judgment was rendered in favor of appellees. The facts found by the trial court are supported by the evidence and are here adopted: “That W. T. Braly on February 3, 1911, executed and delivered to Elwood E. Carlton and Walter Connally his two certain promissory notes…
1Opinion of the CourtLevy, J.
(after stating the facts as above).
[1] The propositions of appellant under assignments of error from 1 to 4 inclusively are to the point that the legal effect attaching to the contract between appellant and J. A. Bullock, in accordance with which J. A. Bullock purchased the notes from appellees, is that of making a payment of the usurious interest by J. A. Bulloch a payment in behalf of and by appellant and with funds furnished by appellant, and that the court erred in not giving it such legal effect and awarding him a judgment for the penalty sued for. The evidence shows that appellant was…
2Cases cited1 opinion
- First National Bank of Jacksboro v. LasaterSupreme Court of the United States · 1905
3Cited by1 opinion
- Burch v. First Guaranty State Bank of QuanahCourt of Appeals of Texas · 1918