Page v. Cent. Bank & Trust Co., 548 S.W.2d 802 (Tex. App. 1977). · Go Syfert
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Page v. Cent. Bank & Trust Co., 548 S.W.2d 802 (Tex. App. 1977). Cases Citing This Book View Copy Cite
30 citation events (23 in the last 25 years) across 2 distinct courts.
Strongest positive: in the Interest of K.I.B.C., a Child (texapp, 2015-12-28)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 8 distinct citers.
examined Cited as authority (rule) in the Interest of K.I.B.C., a Child (4×)
Tex. App. · 2015 · confidence medium
Bank & Trust Co., 548 S.W.2d 802, 804 (Tex.Civ.App.-Eastland 1977, no writ); Gulf States Theatres of Tex. v. Hayes, 534 S.W.2d 406, 407 (Tex.Civ.App.- Beaumont 1976, writ ref'd n.r.e.); Go Int'l, Inc. v. Big-Tex Crude Oil Co., 531 S.W.2d 208, 210 (Tex.Civ.App.-Eastland 1975, no writ); Ives v. Watson, 521 S.W.2d 930, 934 (Tex.Civ.App.-Beaumont 1975, writ ref'd n.r.e.). [69] From 1941 until 1988, Rule 279 provided that if "there is evidence to support a finding," omitted findings would be "deemed as found by the court in such manner as to support the judgment." When that rule was amended in 1988…
examined Cited as authority (rule) in the Interest of A.G. and F.G., Children (12×)
Tex. App. · 2015 · confidence medium
Bank & Trust Co., 548 S.W.2d 802, 804 (Tex.Civ.App.-Eastland 1977, no writ); Gulf States Theatres of Tex. v. Hayes, 534 S.W.2d 406, 407 (Tex.Civ.App.- Beaumont 1976, writ ref'd n.r.e.); Go Int'l, Inc. v. Big-Tex Crude Oil Co., 531 S.W.2d 208, 210 (Tex.Civ.App.-Eastland 1975, no writ); Ives v. Watson, 521 S.W.2d 930, 934 (Tex.Civ.App.-Beaumont 1975, writ ref'd n.r.e.). [69] From 1941 until 1988, Rule 279 provided that if "there is evidence to support a finding," omitted findings would be "deemed as found by the court in such manner as to support the judgment." When that rule was amended in 1988…
examined Cited as authority (rule) in the Interest of S. R.- M. C. (4×)
Tex. App. · 2015 · confidence medium
Bank & Trust Co., 548 S.W.2d 802, 804 (Tex.Civ.App.-Eastland 1977, no writ); Gulf States Theatres of Tex. v. Hayes, 534 S.W.2d 406, 407 (Tex.Civ.App.- Beaumont 1976, writ ref'd n.r.e.); Go Int'l, Inc. v. Big-Tex Crude Oil Co., 531 S.W.2d 208, 210 (Tex.Civ.App.-Eastland 1975, no writ); Ives v. Watson, 521 S.W.2d 930, 934 (Tex.Civ.App.-Beaumont 1975, writ ref'd n.r.e.). [69] From 1941 until 1988, Rule 279 provided that if "there is evidence to support a finding," omitted findings would be "deemed as found by the court in such manner as to support the judgment." When that rule was amended in 1988…
cited Cited as authority (rule) in the Interest of v. G., Children
Tex. App. · 2015 · confidence medium
Bank & Trust C0,, 548 S.W.2d 802, 804 (Tex.Civ.App.-Eastland 1977, no writ); Gulf States [44] 491 us. at 685-86, 109 so. 2678.
discussed Cited as authority (rule) In the Interest of J.F.C.
Tex. · 2002 · confidence medium
Bank & Trust Co., 548 S.W.2d 802, 804 (Tex.Civ.App.-Eastland 1977, no writ); Gulf States Theatres of Tex. v. Hayes, 534 S.W.2d 406, 407 (Tex.Civ.App.-Beaumont 1976, writ ref’d n.r.e.); Go Int’l, Inc. v. Big-Tex Crude Oil Co., 531 S.W.2d 208, 210 (Tex. Civ.App.-Eastland 1975, no writ); Ives v. Watson, 521 S.W.2d 930, 934 (Tex.Civ.App.-Beaumont 1975, writ ref'd n.r.e.). .
discussed Cited as authority (rule) In Re JFC
Tex. · 2002 · confidence medium
Bank & Trust Co., 548 S.W.2d 802, 804 (Tex.Civ.App.-Eastland 1977, no writ); Gulf States Theatres of Tex. v. Hayes, 534 S.W.2d 406, 407 (Tex.Civ.App.-Beaumont 1976, writ ref'd n.r.e.); Go Int'l, Inc. v. Big-Tex Crude Oil Co., 531 S.W.2d 208, 210 (Tex. Civ.App.-Eastland 1975, no writ); Ives v. Watson, 521 S.W.2d 930, 934 (Tex.Civ.App.-Beaumont 1975, writ ref'd n.r.e.). [69] From 1941 until 1988, Rule 279 provided that if "there is evidence to support a finding," omitted findings would be "deemed as found by the court in such manner as to support the judgment." When that rule was amended in 1988…
discussed Cited as authority (rule) In Re Doe (2×)
Tex. · 2000 · confidence medium
Wisdom v. Smith, 146 Tex. 420 , 209 S.W.2d 164, 166-67 (1948); Page v. Central Bank & Trust Co., 548 S.W.2d 802, 804 (Tex.Civ.App.-Eastland 1977, no writ); Gulf States Theatres v. Hayes, 534 S.W.2d 406, 407 (Tex.Civ.App.-Beaumont 1976, writ ref'd n.r.e.); Go Int'l, Inc. v. Big-Tex Crude Oil Co., 531 S.W.2d 208, 210 (Tex. Civ.App.-Eastland 1975, no writ); Ives v. Watson, 521 S.W.2d 930, 934 (Tex.Civ.
cited Cited "see" Causey v. Catlett
Tex. App. · 1980 · signal: see · confidence high
See Page v. Central Bank & Trust Company, 548 S.W.2d 802, 804 (Tex.Civ.App.-Eastland 1977, no writ).
Virginia PAGE Et Al., Appellants,
v.
CENTRAL BANK & TRUST COMPANY, Appellee
4988.
Court of Appeals of Texas.
Mar 10, 1977.
548 S.W.2d 802
Maxine T. McConnell and John Dennis, Director of Legal Clinic, Dallas, for appellants., W. A. Pritchard, Anderson, Henley, Shields, Bradford, Pritchard & Miller, Dallas, for appellee.
Walter.
Cited by 12 opinions  |  Published
WALTER, Justice.

Central Bank and Trust Co. recovered a judgment for $1,707.97 plus attorney’s fees against Virginia Page on a promissory note in a nonjury trial. Mrs. Page has appealed.

Mrs. Page pleaded the defense of usury. The court found in his conclusions of law the defendant’s answer was not verified as required by Rule 93(7), T.R.C.P., hence the Bank’s “objection to evidence of usurious interest as a defense, was properly sustained.”

We sustain appellant’s first point the court erred in failing to find conclusively the Bank contracted for and charged in excess of the statutory maximum of 8% add-on interest.

Article 5069-4.01, V.A.C.S., Section (1), provides on an installment loan the bank is authorized to make an add-on interest charge of eight dollars per one hundred dollars per annum for the full term of the loan. Section (2) provides the interest shall be computed on the cash advance at the time the loan is made. The note shows the cash advance is $1,852.10. Eight percent (8%) of the cash advance is $148.17, which is the proper interest charge. Section (2) provides:

“. . . Interest authorized by Section (1) of this Article shall be added to the cash advance and said sum shall be the amount of the loan.”

The cash advance of $1,852.10 plus the proper interest charge of $148.17 is $2,000.27. The note is for the principal amount of $2,128.97. The interest charge shown on the note is $249.44.

Appellant contends the court erred in finding if the Bank did charge in excess of the statutory maximum of 8% add-on interest, such charge was the result of an accidental and bona fide error. We are compelled to hold the pleadings and the.evidence support the court’s findings.

Article 5069-8.01, V.A.C.S., provides the penalty for contracting for charging or receiving interest of a greater amount than authorized by law. It also provides “provided that there shall be no penalty for a violation which results from an accidental and bona fide error.”

In his findings of fact, the court found the Bank undertook to charge 8% add-on interest on the note and if an error was made in the calculation of interest, it was an accident and resulted from a bona fide error.

Findings of fact have the same force and dignity as a jury verdict upon special issues. If these findings are supported by some evidence of probative force, they will[*804] not be disturbed on appeal. 4 McDonald, Texas Civil Practice § 16.05 (Rev.Ed.1971).

In Ives v. Watson, 521 S.W.2d 930 (Tex.Civ.App.—Beaumont 1975, writ ref. n. r. e.), the court said:

. . We must presume that the evidence supports not only the express findings made by the district court but also any omitted findings which are necessary to support the judgment. Wisdom v. Smith, 146 Tex. 420, 209 S.W.2d 164, 166 (1948); Allied Building Credits, Inc. v. Grogan Bldrs. Sup. Co., 365 S.W.2d 692, 695 (Tex.Civ.App.—Houston 1963, writ ref’d n. r. e.); Burkhart v. Christian, 315 S.W.2d 668, 671 (Tex.Civ.App.—Waco 1958, writ ref'd n. r. e.).”

We find some evidence in the record to support the findings.

We have considered appellant’s other points and find no merit in them.

The judgment is affirmed.