[Download] "Homer G. Maxey v. Texas Commerce Bank Lubbock" by The Supreme Court of Texas No. B-8010 " Book PDF Kindle ePub Free

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Title: Homer G. Maxey v. Texas Commerce Bank Lubbock
Author : The Supreme Court of Texas No. B-8010
Release Date : January 14, 1979
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 65 KB

Description

Per Curiam The trial court granted Homer G. Maxey and five other plaintiffs a judgment following a jury trial whereby they recovered substantial damages from Texas Commerce Bank of Lubbock, Texas because of Bank's failure to exercise good faith in a private foreclosure sale of stock in plaintiffs' two closely held corporations. The court of civil appeals concluded that the jury's finding to the special issue inquiring as to the amount of the liabilities of Plaza Building Corporation at the time of the foreclosure sale was against the overwhelming weight of the evidence and reversed and remanded the cause for a new trial. 571 S.W.2d 39. This Court does not have jurisdiction to pass upon the fact question of the great weight and preponderance of the evidence. Tippett v. Brannon, 493 S.W.2d 511 (Tex. 1973). We therefore refuse the application for writ of error, no reversible error. In doing so, we express no opinion as to the correctness of the holding by the court of civil appeals that the award of prejudgment interest on the amount of actual damages recovered by plaintiffs is limited to the rate of six (6) percent per annum.