plea in intervention filed two weeks before trial setting
How later courts described this case
- plea in intervention filed two weeks before trial setting
- “If a party files a proper motion for new trial that is supported by sufficient affidavits alleging jury misconduct, the trial court must conduct a hearing.”
Written by the judges who cited it.
The opinion
SAM BASS, Justice,
concurring.
I agree with the majority, in their discussion of the appellants’ first point of error, that there was evidence of probative force to raise a fact issue for the jury on whether First Bank’s overdraft protection to the Factory constituted a loan. There is no holding from the Texas Supreme Court that payment of an overdraft is a loan as a matter of law and, therefore, I would not so conclude, as the majority does. See Bryan v. Citizens Nat’l Bank, 628 S.W.2d 761 , 763 n. 2 (Tex.1982); see also Williams v. Cullen Center Bank & Trust, 685 S.W.2d 311, 312 (Tex.1985).
I agree with the majority’s discussion concerning the obligation to pay principal and compensation greater than allowed by law. Accordingly, along with the majority, I sustain the appellants’ first point of error, reverse the judgment in favor of First Bank on the usury cause of action, and remand that cause of action for trial.
I agree with the discussion and holdings of the majority on the alleged jury misconduct and the plea in intervention.