Cousins v. Grey

Citations

• 60 Tex. 346
• 1883 Tex. LEXIS 336

Syllabus

<p>1. Practice in supreme court.—When there is no statement of facts in the record of a cause appealed to the supreme court, but there are found therein the conclusions of fact and law found by the district judge trying the cause, which conclusions of fact are accepted by appellant as correct, the supreme court will disregard the absence of a formal statement of facts and revise any errors committed by the court below in applying the law to the conclusions of fact so found. Following Chance v. Branch, 58 Tex., 490.</p> <p>2. Usury.— A contract must itself be tainted with usury in order to avoid it; hence, if a note .were given prior to the enactment of any law invalidating a contract for usury, a contract to pay usurious interest thereon, made after the passage of the law, would not affect or vitiate the contract evidenced by the note. Following Wharton on Con., § 466, and other authorities cited.</p> <p>3. Same.— If, however, the usury was forbidden by the law when a note for legal interest was executed, with an agreement that thereafter a new contract should be made providing for usurious interest, and which new contract was. consummated in pursuance of the previous agreement, the original contract would be tainted with the device to conceal the usurious nature of the transaction. Citing U. S. v. Waggoner, 9 Pet., 399, and Gillmanv. Woodcock, 13 Wis., 589.</p>