· 7/1/1873
Smith v. Glanton
Citations
- 39 Tex. 365
Syllabus
<p>1. The Constitution repealing usury laws did not legalize usurious contracts of date prior to its adoption.</p> <p>2. The defense of usury may be interposed in an action brought upon a note of date prior to the adoption of the State Constitution.</p> <p>3. While any part of the usurious debt remains unpaid, the statute of limitations will not cut off the right of the party who has paid usurious interest thereon to recover it back.</p>
Judges: Walker
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