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STANLEY v. CONNER CONST. CO.

No. 7062.

651 S.W.2d 34 (1983)

John R. STANLEY, Appellant, v. CONNER CONSTRUCTION CO., Appellee.

Court of Appeals of Texas, El Paso.

April 13, 1983.

Attorney(s) appearing for the Case

John C. Nabors, J. Michael Dorman, Lidell, Sapp, Zivley, Brown & LaBoon, Houston, for appellant.

William M. Harman, Harman & Harman, Allen R. Stroder, Odessa, for appellee.

Before STEPHEN F. PRESLAR, C.J., and WARD and OSBORN, JJ.

OPINION

WARD, Justice.

This is a usury case. The Plaintiff sued for usury penalties claiming that he was a comaker on a note executed by a corporation that he controlled. The trial court directed a verdict in favor of the Defendant, holding as a matter of law that the Plaintiff was a guarantor on the corporation note and could not recover because of the prohibition contained in Article 1302-2.09, Tex.Rev.Civ.Stat.Ann. We affirm.

John R. Stanley was...

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