SUNWEST BANK OF EL PASO v. GUTIERREZ

No. 08-91-00090-CV.

819 S.W.2d 673 (1991)

SUNWEST BANK OF EL PASO, Successor in Interest to American Bank of Commerce, Appellant, v. Mauro GUTIERREZ, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled January 2, 1992.


Attorney(s) appearing for the Case

R. Wayne Pritchard, M. Kyle Lasley, Ginnings, Birkelbach, Keith & Delgado, El Paso, for appellant.

Michael C. Crowley, Edward Dunbar, Christie, Berry and Dunbar, El Paso, for appellee.

Before OSBORN, C.J., and FULLER and KOEHLER, JJ.


OPINION

FULLER, Justice.

After a bench trial, under an agreed stipulation of facts, the trial court entered judgment for the borrower finding that certain charges by the lending institution constituted usury. We reverse and render.

Appellee obtained a loan from the American Bank of Commerce for the purchase of a truck. He executed an installment note which on its face contained a fill-in-theblank provision for property and/or liability insurance...

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