CHAPMAN, Justice.
This suit was filed by Thornton G. Dewey under Article 5073 Vernon's Ann.Tex.Civ. St. seeking to recover $40,152.46 allegedly due him on usurious interest and penalties growing out of a note executed by him bearing date of April 1, 1959, in the sum of $100,000 and bearing 10 per cent interest. Defendants-appellees are the American National Bank of Amarillo, Texas, Derrell Henry and W. D. Owen.
Prior to April 1, 1959, Dewey was seeking a loan...
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