Duck v. Selected Investments Corp.

Plaintiff Duck sued de-dendant Selected Investments Corporation for the prescribed penalty for usury alleged to have been paid and collected on a loan of money.

The controlling question, or the first question to be determined on this appeal, is whether the trial court committed error in sustaining defendant’s demurrer to plaintiff’s evidence, discharging the jury and rendering judgment for defendant. Therefore we will here, state only sufficient details of the pleadings and the plaintiff’s evidence to consider and dispose of that question.

In material substance' plaintiff alleged the borrowing…