South Eastern Xpress, Inc. v. Bank of Crowley

612 S.W.2d 85, 1981 Tex. App. LEXIS 3244
Court of Appeals of Texas·Decided February 5, 1981·No. No. 18365·Published·Cited by 2 cases

Opinion

OPINION

HUGHES, Justice.

South Eastern Xpress, Inc., (SEX) has appealed the judgment notwithstanding the verdict granted The Bank of Crowley (Bank) as to the suit by SEX against Bank for usury penalties on a series of notes. These notes represented loans from Bank to Paul A. Johnson. The jury had answered the 600 plus special issues in favor of SEX. SEX had sued to recover the penalties in its own right as well as by an assignment from Johnson.

We affirm.

The parties do not agree upon the statement of the case. However, it is undisputed that Johnson signed 106 notes made to Bank in various amounts during the period from November 1, 1973 through August 29, 1974. All of the notes except ten follow the form of the first one executed on November 1, 1973 in reciting:

[87]*87

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South Eastern Xpress, Inc. v. Bank of Crowley, 612 S.W.2d 85, 1981 Tex. App. LEXIS 3244 (Tex. Ct. App. 1981).

612 S.W.2d 85 (South Eastern Xpress, Inc. v. Bank of Crowley) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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