Legal Opinion

Independent Lumber Co. v. Gulf State Bank

Court of Appeals of Texas

Decided May 30, 1927No. 8988. [fn*]PublishedCited by 20 opinions

1Opinion of the CourtGraves, J.

On a series of loans to the lumber company and to T. E. Johnson — its predecessor in the business, as well as its assignor of any resulting claim in him as for usury — the bank collected a 16 per cent, per annum return on the sums loaned, aggregating upon them all $3,778.63. The suit by the lumber company was to recover double that amount, on the claim that it was usurious, pursuant to R. S. arts. 5071 and 5073.

The bank, in defense, relied on the averment that, of the 16 per cent, collected, only 8 per cent, was charged for the use of the money; the other 8 per cent, being for inspection and…

2Cases cited5 opinions

  1. Fowler v. Equitable Trust Co.Supreme Court of the United States · 1891
  2. Wortman v. YoungTexas Commission of Appeals · 1921
  3. Federal Mortgage Co. v. State Nat. Bank of CorsicanaCourt of Appeals of Texas · 1923
  4. Texas Loan Agency v. HunterCourt of Appeals of Texas · 1896
  5. Rantala v. HaishSupreme Court of Minnesota · 1916

3Cited by20 opinions

  1. Lubbock Hotel Co. v. Guaranty Bank & Trust Co.Court of Appeals for the Fifth Circuit · 1935
  2. Sapphire Homes, Inc. v. GilbertCourt of Appeals of Texas · 1968
  3. Standard Supply & Hardware Co. v. Christian-Carpenter Drilling Co.Court of Appeals of Texas · 1944
  4. Shook v. Republic National Bank of DallasCourt of Appeals of Texas · 1981
  5. Gifford v. StateCourt of Appeals of Texas · 1950

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API