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· 7/1/1871

Sheffield v. Gordon

Citations

  • 34 Tex. 530

Syllabus

<p>■ In an action orna note made- in 1859, the defense was usury and payments exceeding, the., amount legally due on the note. There was evidence tending to-, prove the.-, usury,. Held, that it was error for the court to. ignore- the agestión of. usury,- and to- instruct the jury as though the-defense was payment alone.. The jury should have been instructed, to allow no interest, if fromuthe eyideBce-theyhelievcd the contract wasi usurious.</p>

Judges: Walker

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