law-usury laws Texas Finance Code violation

USURY CLAIM ELEMENTS

The elements of a claim for usury are: (1) The defendant, loaned money to the
plaintiff; (2) the plaintiff had an obligation to repay the principal amount owed;
and (3) the defendant contracted for, charged, or received interest that
exceeded the maximum amount allowed by law. See First Bank v. Tony's
Tortilla Factory, Inc., 877 S.W.2d 285, 287 (Tex.1994).

USURY CASELAW FROM HOUSTON COURTS OF APPEALS

Starr v. Dart (Tex.App.- Houston [14th Dist.] July 24, 2008)(Fowler)
(
settlement agreement, usury law not applicable)
AFFIRMED: Opinion by
Justice Fowler  
Before Chief Justice Hedges, Justices Fowler and Boyce
14-07-00673-CV Frank F. Starr v. Henry Dart
Appeal from 189th District Court of Harris County
Trial Court
Judge: William R. Burke JR.  


Cruz v. Holeman (Tex.App.- Houston [14th Dist.] May 10, 2007)(Edelman)(jury question)
(biz law, JV dispute, usury, jury question)
AFFIRMED: Opinion by
Justice Edelman
Before Justices Brock Yates, Edelman and Seymore
14-06-00101-CV Hermelinda Cruz v. Virgie Holleman, Individually and a/n/f for Fred Holleman
Appeal from 61st District Court of Harris County (
Judge John J. Donovan)


Sturm v. Muens (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Edelman)
Sturm v. Muens (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Dissent by Frost)
(
suit on promissory note, counterclaim, usury, fraud)
REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by
Justice Richard Edelman
Before Justices Anderson, Edelman and Frost
14-04-00917-CV Lawrence Edward Stirm, Sr. v. Guenther Muens
Appeal from 151st District Court of Harris County
Trial Court Judge:
CAROLINE ELIZABETH BAKER
Dissenting Opinion by Justice Frost

DeClaire v. G&B McIntosh Family LP, DeClaire v. G & B MCINTOSH FAMILY LTD., 260 SW 3d 34
01-06-00423-CV.- Tex: Court of Appeals, Houston May 8, 2008


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