The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-03-17
| u. Of Opinions Handed Down
ne Latest Sitting
Le,pEp BY THE SUPREME COURT.
Ian Companies Must lie
"a nv the Laws of Texas
40 interest Charges

SatpINdd a vs.. RICHARD GRIFFIN
n pAkui,. t,r Injunction, from Dallas
N Al, SUI Wt Sissrct-Reversed and rem
soy, f'i'"
~ IA wife Instituted this suit to
al'a ian company from selling GER
y " s.tate owned by them and EN-
the terms OF deed of trust by
..sruted in favor of defendants.
~ a trust was given to secure a
"a. nv defendant to Plaintiffs, and.
Thar s,ipulaltions. provided for 10
=, .,,orneys' fees, TO become due
aIs,,sv upon Ming of suit for fore
~ IN court" and that the trust uecu
A ,,snd as security therefor;
s E 81 the deed of trust to the
<psu sSs6 with interest at 6 per
w .s also pleaded that plaintiffs had
~ IA for iweuty-siX shares of stock
's.nI, alton, and that there were
~ ans UNPAID, which, according
t ". Of the contract of subsciip-
F.so.,vuied lien upon sad stock,
.'ssi for a foreclosure of the lien
rAe stock ,,,, ,,
.ars,rder the laws Of South Dakota and
I, huIness IN IbNbT ui'N' u PN' '''
CIV ihe secretary OF state.
n ,hs te.ms OF the contract between
LIE, tho loan company had tina
Il ZION NON The fails-e of plaintiffs 10 pay
p. an the 1890 and dues on the stock
,srtoi of six months. to elect to
~ ,ne debt due and to proceed for
'sastt,n. with the express provision
! such event the amount paid BY
n and wife upon tho stock should be
s.,a from the amount of the debt.
v, s,ec,el 10 declare the debt due
!, tbe terms of the contract, the loan
,,sv he's virtually deciaroi that tho
Ma BY plaintiffs as dues on tho
4. .nould be credited on the amount
~ the sl2e1. Griffin and wife ara
rara entitled Ito credit upon the 1880
4, amotnt paid by them as dues upon
'rrk. whether the contract was usu'
90 not
m, 10 not think that there can be
iouh. that the contract was usur.oue
4 Is face II II Is TO be governed by
tw of Texas. For the $500 borrowed
n and wife were to pay an annual n
n II per cent, and in addition there
~ bound themselves to pay at tina
IN nine years the sumfOr $500 In s.
\. Il this debt The $500 to be paid
q and above the amount borrowed
& have been for roth.ng except for
- Of the money actually borrowed.
AMOUNT Of the interest to be paid un-
ths terms OF the contract was then IL
rent per annum.
The circumstances under which the
kisS was made, and the provisions Ger
Eisrremsnt, show with Overwhelming
h ths, the provision for the paYmtut
Il money due under the contract Ii
Territory of Dakota was simply Il
N 70 eyade the usury laws of this
h This is so Patent from the face OF
lapers Themselves that the question
NJ 10 DO one OF fact and becomes Il
rS d law to be determined from tho
;patsd evidence thus furnished.
lbs court were TO sustain the con-
kst that this contract is not to be : "
Y by the laws of TeNas, the pract raj
X would be to annul our statutes
bhs. usury and TO turn the citizens OF
slie over 10 the unrestrained eXac-
~ all leaders who might choose 10
y ihmsslyes Of such q sham. With
NH prorriety as IN this ease, all
m and others who take contracts for
ssInsnt of money IN the future coull
sy* IN ihom that payment is 10 he
ksN sone place In q country where no
" Avs east and thereby all of the
itss Of the Slto could he done upon
sFs Plan as In this case, In defiance
nhw. The contract in question is
n 10 the lJws Of the State of Texas
trous acCor lirg to that law, ard
rye VOID for the Interest pad
TIE trial cour, erred IN refusing to
psr cent attorneys fees on the
w Of the unpaid balance due by
s.ro, NJ, pu
'~"u y! bro"h' j.
mac . ~
ma, md PACIFIC RAlLW y
;rs srrANl TT AL vs., A.. w. HORN
IN 'eerlned gues' ons in case from
.'''s couhty' fiith district.
gaaway co.rranr oamo I,ar
'~"fdhy AT POMONA Na"''
-a Oh apples for shipment to Dallas,
Under the bill of la.bing each of
snnectnr carr,ars or,- nhosa ,,,os
sAnm.r,
n was 10 go was only 10 De
LOT damages accruing on its line.
p,s'dla FUSED over the line OF the Ms
d nj ,' ia ha;lWay company 10 Texar-
suy iranstorisd tbam ~ w na,las '" Tbs
e reached Dallas in q 6.,n1aeed condl.
I,lng been injured unon Zach line
kf,k.ck ~. ~ .o'iptnV opcrat ng same.
sg for tho .s 1o,n COMPANIES n Dai.as
tssouri Pacific Raiiwaty' we cr ,,,lnnv" ,s
Ew ss pnder the laws OF Missouri
Me- no! own OF operate any Ene Of
hHas c,n n,a mas no Office or agent
[,ss il rro,l!' nut has Cfiices and
eszsn-;.aWwss and BeXar counties.
ssay comp,nY we MISSOURI Pacific
~ 81 hein. tntlllcu 20 the i,hc PRIV
asy, ar no,, s,el IN Travis or BcXar
Tie Teysoa ,u u be properly toincd
y II Na s,, ana pse.iic IA lway com,
sVr HNN instituted in DaIias
~ written oon.
sspSsss "a sd N wns for the del very OF
rSisht n n D tsn, county ana SUIT could
3 S FGssS: Or. $, Ar,. iisi.J - ~ '''s
Il The ona Sn answer to the latter
os sSSbi1der OF icfenden Il S or causes aass
l;iao1a hh ' WE'D.