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CULLUM v. GENERAL MOTORS ACCEPTANCE CORPORATION

No. 7100.

68 F.2d 310 (1933)

CULLUM v. GENERAL MOTORS ACCEPTANCE CORPORATION.

Circuit Court of Appeals, Fifth Circuit.

December 19, 1933.

Attorney(s) appearing for the Case

Clem Calhoun and Ben H. Stone, both of Amarillo, Tex., for appellant.

Bruce McClelland, Jr., of Oklahoma City, Okl., E. H. Foster, of Amarillo, Tex., and Anthony J. Russo, of New York City, for appellee.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

BRYAN, Circuit Judge.

Dyke Cullum, alleging that the General Motors Acceptance Corporation had charged and collected from him usury, sued that company to recover double the amount of the interest paid, under a Texas statute which authorizes such recovery in the event interest at a greater rate than 10 per cent. per annum is collected or received upon any contract. Texas Revised Civil Statutes, art. 5073. He appeals from an adverse judgment entered upon a directed...

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