First Nat. Bank of Mill Creek v. Landis

Supreme Court of Oklahoma

First Nat. Bank of Mill Creek v. Landis

1911 OK 25, 113 P. 718, 27 Okla. 710, 1911 Okla. LEXIS 32

CourtSupreme Court of Oklahoma

DecidedJanuary 10, 1911

Docket744

StatusPublished

Cited by6 cases

This text of 1911 OK 25 (First Nat. Bank of Mill Creek v. Landis) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

First Nat. Bank of Mill Creek v. Landis, 1911 OK 25, 113 P. 718, 27 Okla. 710, 1911 Okla. LEXIS 32 (Okla. 1911).

Pincite

Opinion

KANE, J.

The questions for review in this case are the same as those presented by the record and decided this term in First National Bank of Mill Creek v. Ellis (ante). In this case, as in that, a demurrer to the petition upon the ground that there was *711 no allegation therein that the defendant bank knowingly received and reserved for' its own use the usurious interest alleged to have been received by it, was overruled. It was held that;

“A petition filed for the purpose of recovering alleged usurious interest by the party contracting for the payment of same should allege that the usurious interest had been paid and that the taking and receiving of the interest was knowingly done, and where these averments are lacking it is error to overrule a general demurrer ■thereto.”

Upon this ground the judgment of the court below is reversed and the cause remanded to the court below for further proceedings consistent with this opinion.

DUNN, C. J., and HAYES and TURNER, jj., concur; WILLIAMS, J., not participating.

Free access — add to your briefcase to read the full text and ask questions with AI