First Bank v. Tony's Tortilla Factory, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• fees charged for insufficient funds to pay checks not interest because they paid for bad-check processing expenses
• “Usury statutes are penal in nature and should be strictly construed.”
• prepayment provision that allowed for prepayment at any time without note holder's consent, coupled with the loan servicer's authority to collect the monthly principal and interest payments, gave servicing agent implied authority to collect total payoff
• Whether a monetary sum is interest is a question of fact for the jury “when there is any dispute in the evidence as to whether [the sum] is actually for an additional consideration, . . . or is merely a device to conceal usury.”

Source: CourtListener parenthetical corpus (CC0).