Newcomb v. Stuart & Mair

Court of Appeals of Texas

Newcomb v. Stuart & Mair

1 White & W. 32

CourtCourt of Appeals of Texas

DecidedJune 9, 1880

DocketNo. 853, Op. Book No. 3, p. 422

StatusPublished

This text of 1 White & W. 32 (Newcomb v. Stuart & Mair) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Newcomb v. Stuart & Mair, 1 White & W. 32 (Tex. Ct. App. 1880).

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Opinion

Opinion by

White, P. J.

-§72. Interest on an account. A greater amount of interest than the legal rate, eight per cent, per annum, cannot be recovered upon an account in the absence of allegation and proof of an express contract to pay a greater rate. A contract to pay more than eight per cent, per annum interest is not established by the affidavit to an account which specifies a greater rate. A party who seeks to recover upon an open account a greater rate of interest than eight per cent, per annum, must allege and prove a contract to pay such greater rate, even though the defense of usury has not been pleaded.

Reversed and remanded.

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Opinion by

White, P. J.

-§72. Interest on an account. A greater amount of interest than the legal rate, eight per cent, per annum, cannot be recovered upon an account in the absence of allegation and proof of an express contract to pay a greater rate. A contract to pay more than eight per cent, per annum interest is not established by the affidavit to an account which specifies a greater rate. A party who seeks to recover upon an open account a greater rate of interest than eight per cent, per annum, must allege and prove a contract to pay such greater rate, even though the defense of usury has not been pleaded.

Reversed and remanded.

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Bluebook (online)

1 White & W. 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newcomb-v-stuart-mair-texapp-1880.