Service Finance Corp. v. Coppard

HOLMES, Circuit Judge.

This is a civil action of debt, under a state statute, to recover double usurious interest alleged to have been paid to appellant. 1 2It was brought in the district court of Bexar County, Texas, by appellee against appellant, and was removed to the court below by appellant upon a petition which alleged diversity of citizenship and a sum in controversy exceeding $3,000 exclusive of interest and costs.

The court below gave a peremptory instruction to the jury directing a verdict for appellee, and committed no error in so doing, because, on the merits, the evidence disclosed…