Texas Supreme Court
First State Bank of Bedford, Texas, Petitioner v. MacIle Miller
March 1, 197821 Tex. Sup. Ct. J. 236
Summary
The Texas Supreme Court affirmed the Court of Civil Appeals' judgment, holding that the $14,000 escrow was a condition of the loan, that interest of $21,000 on the $56,000 actually received was usurious, that the borrower is entitled to statutory penalties of twice the usurious interest, and that the bank may not recover the two $7,000 interest payments; the Court modified the judgment by removing an unpleaded $14,000 award. Justice Daniel wrote the majority and Justice Johnson dissented.