Gunter v. Merchant
Texas Commission of Appeals
Error to Court of Civil Appeals of Third Supreme Judicial District. Action by S. W. Merchant and another against W. M. Gunter. Judgment for plaintiffs, and defendant appealed to the Court of Civil Appeals, .where the judgment was affirmed, and motion for rehearing was overruled (172 S.’ W. 191), and a rehearing was denied (173 S. W. 260), and defendant brings error.
1Opinion of the CourtSadler, J.
Por convenience, the parties will be designated as in the district court.
The plaintiffs, Merchant et al., filed this suit in the district court of Tom Green county, Tex., to recover from the defendant, Gun-ter, $2,400, alleged to be double the amount of usurious interest paid to defendant on a loan of $8,000. The plaintiffs allege that on March 11, 1912, they borrowed from the defendant $8,000, for which they executed their note bearing 10 per cent, interest from maturity, due one year after date, and that the defendant at the time of accepting said note reserved $800 to cover the 10 per…
2Cases cited10 opinions
- First National Bank of Jacksboro v. LasaterSupreme Court of the United States · 1905
- Brown v. Marion National BankSupreme Court of the United States · 1898
- Rosetti v. LozanoTexas Supreme Court · 1902
- Stout, Goldsborough & Perry v. Ennis National BankTexas Supreme Court · 1887
- Baum v. DanielsCourt of Appeals of Texas · 1909
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3Cited by12 opinions
- Whalen v. WeaverCourt of Appeals of Texas · 1970
- Clanton v. Community Finance & Thrift Corp.Court of Appeals of Texas · 1953
- Simpson v. GrissomCourt of Appeals of Texas · 1931
- Alston v. GreeneCourt of Appeals of Texas · 1931
- Kansas City Life Ins. Co. v. DuvallCourt of Appeals of Texas · 1939
7 more not listed; retrieve them via the Exa API.