SUTTON, Justice.
This appeal is from the 41st District Court of El Paso County.
The State brought this suit under the provisions of art. 4646b, Vernon's Civil Stats., against K. P. Gifford, doing business under the trade name Finance Trust Company, and alleged the defendant was engaged in the business of habitually loaning money upon contracts for the use and detention of which usurious interest was charged against and contracted to be paid by the borrower...
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