[DOWNLOAD] "Ware v. Paxton Et Ux." by Supreme Court of Texas * eBook PDF Kindle ePub Free

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eBook details

• Title: Ware v. Paxton Et Ux.
• Author : Supreme Court of Texas
• Release Date : January 26, 1954
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

This suit was brought by V. L. Ware against J. S. Paxton and wife to recover $3,135.82 alleged to be the balance due on a promissory note dated December 29, 1950, plus interest at 10% per annum and $400 attorneys fee and to foreclose a chattel mortgage lien on certain household goods and furniture. The Paxtons alleged in an answer filed March 31, 1951 that in a long series of transactions involving numerous notes they had paid $4,250 usurious interest to Ware. They sought to recover double the amount of such claimed excess payments which more than offset the amount of the note sued upon. Plaintiff Ware answered the cross-action by denying the allegations upon which the Paxtons based their claims for recovery of usurious interest charges. In defense of the Paxtons claim for all payments alleged to have been made before March 30, 1949, Ware pleaded the provisions of Article 5073, Texas Revised Civil Statutes, which provides that all actions for collection of penalty for usury must be brought within two years from the time said payments have been collected. Upon a jury verdict on special issues, the District Court rendered judgment for the Paxtons in the sum of $181.84, plus costs and interest. V. L. Ware has brought this appeal.

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