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BLACK v. KIDDER, PEABODY & CO., INC.

No. 16928.

559 S.W.2d 669 (1977)

W. Dial BLACK, Jr., Appellant, v. KIDDER, PEABODY & CO., INC., Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

November 3, 1977.

Attorney(s) appearing for the Case

John H. Marshall, Houston, for appellant.

Carrington, Coleman, Sloman, Johnson & Blumenthal, Corbet F. Bryant, Jr., Dallas, for appellee.

EVANS, Justice.

This is an action for usury.

W. Dial Black, Jr. sued Kidder, Peabody & Co., Inc., a stock brokerage firm, alleging that without his knowledge or consent, Kidder had purchased his margin account from the brokerage firm of Clark, Dodge & Co., and had charged usurious interest against his account in the amount of $7,715.94. After a nonjury trial, the trial court entered a take-nothing judgment from which Black appeals.

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