CHERRY v. BERG

No. 799.

508 S.W.2d 869 (1974)

Russell C. CHERRY et al., Appellants, v. Hatto M. BERG et al., Appellees.

Court of Civil Appeals of Texas, Corpus Christi.

April 18, 1974.


Attorney(s) appearing for the Case

Oscar Cavazos, Raymondville, Merrill W. Russell, Jr., Greenwood & Russell, Harlingen, for appellants.

Marion J. Borchers, New Braunfels, for appellees.


OPINION

NYE, Chief Justice.

This is a usury case. Plaintiffs Hatto M. Berg and Atley M. Berg brought suit to declare that a certain promissory note was usurious. They sought in their suit to have all of the interest payments made by them applied to the principal debt; cancellation of the indebtedness; return of the moneys paid into the registry of the court representing the balance of the note and interest pending a final determination of their cause; release...

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