Rutherford v. Smith

Citations

• 28 Tex. 322

Syllabus

<p>An allegation, in a petition on a promissory note, that the payee, for a valuable consideration, transferred the note to the plaintiff by indorsement, is a sufficient averment of title in the plaintiff to the note. (Paschal’s Dig., Art. 1427, Note 537, p. 349.)</p> <p>A promissory note is not, prima facie, usurious because it bears interest from a time anterior to its date, by reason of which the total interest, according to the terms of the note, amounts to more than lawful interest, calculated from the date of the note. (Paschal’s Dig., Art. 3942, Note 932.)</p> <p>If, in point of fact, the reservation of interest, anterior to the date of the note, was a device to cover usury, the defendant must establish that fact by evidence aliunde; it will not be heard when the point is for the first time made on error.</p>