BRANIFF INV. CO. v. NORTON

No. 7677.

80 F.2d 598 (1935)

BRANIFF INV. CO. et al. v. NORTON et ux.

Circuit Court of Appeals, Fifth Circuit.

December 12, 1935.


Attorney(s) appearing for the Case

Vance Huff, R. C. Johnson, and Joseph B. Dooley, all of Amarillo, Tex., for appellants.

Royce A. Oxford, of Plainview, Tex., for appellees.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

This appeal tests whether there was usury in the loan papers plaintiffs sued to cancel. The District Judge thought there was. He thought that, made in Texas, the contract must be construed and enforced according to Texas law, and that under them its usury was plain. Appellants, insisting that the contract is not usurious under Texas law, really plant themselves upon the proposition that, payable in Oklahoma, whether it is usurious or not...

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