Davey v. First Nat. Bank
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. On rehearing. Action to recover statutory penalty for taking usurious interest. Plaintiffs had judgment and defendant appealed In an opinion reported in 8 S. D. 214, 66 N. W. 122, the judgment was reversed and the cause remanded for a new trial.
1Opinion of the CourtHaney, J.
The decision heretofore rendered in this action will be found in 66 N. W. 122. Plaintiff petitioned for a rehearing, and defendant moved to have the judgment of this court modified, it contending that whatever interest may be included in the notes given by plaintiffs to the bank, and which are shown to have been paid, cannot be recovered, for the reason that such notes constitute express contracts, in writing, and were lawful in Lawrence county, when and where the notes were executed. A rehearing having been granted, all the issues involved were reargued, and have received careful…
2Cases cited2 opinions
- Guild v. First National BankSouth Dakota Supreme Court · 1894
- Davey v. First Nat. Bank of DeadwoodSouth Dakota Supreme Court · 1896
3Cited by1 opinion
- City of Lincoln v. RickettsCourt of Appeals for the Eighth Circuit · 1935