Legal Opinion
Allee v. Benser
Texas Supreme Court
Decided November 30, 1988No. C-6810PublishedCited by 14 opinions
1Opinion of the Court
OPINION
RAY, Justice.
This is a usury case presenting the question whether a junior lienholder has standing to assert a usury claim of the borrower to defeat the senior lien. After both parties moved for summary judgment, the trial court rendered judgment for the junior lienholder, holding that the senior transaction was usurious as a matter of law and the junior lienholder had standing to assert the usury claim. The court of appeals, divided as to the reason for its judgment, reversed and remanded. 735 S.W.2d 566. We affirm the judgment of the court of appeals.
The borrower is Thomas E. Morris.…
Also in this document: Dissent.
2Cases cited17 opinions
- Houston Sash and Door Co., Inc. v. HeanerTexas Supreme Court · 1979
- Adleson v. B. F. Dittmar Co.Texas Supreme Court · 1935
- Hemphill v. WatsonTexas Supreme Court · 1884
- Sugg v. SmithCourt of Appeals of Texas · 1918
- Micrea, Inc. v. Eureka Life Insurance Company of AmericaCourt of Appeals of Texas · 1976
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Sage Street Associates v. Northdale Construction Co.Texas Supreme Court · 1993
- The Federal Savings & Loan Insurance Corp., Etc., and First Gibraltar Bank, Fsb, Intervenor-Appellee v. Jack GriffinCourt of Appeals for the First Circuit · 1991
- Bair Chase Property Co. v. S & K Development Co., Texas Court of Appeals, 3rd District (Austin)2008
- Coxson v. Commonwealth Mortgage Co. of America, L.P.Court of Appeals for the Fifth Circuit · 1995
- Resource Savings Ass'n v. Neary, Texas Court of Appeals, 5th District (Dallas)1989
9 more not listed; retrieve them via the Exa API.