O. A. Graybeal Co. v. Cook

THE COURT.

This cause is before us on appeal from a judgment entered in favor of the defendants in an action where the plaintiff sought to recover a penalty, as provided by the second subdivision of section 3 of the Initiative Act, adopted at the general election, held on November 5, 1918, covering the subject of usury. (Deering’s Gen. Laws 1923, part 1, p. 1384, Act No. 3757.)

By reason of the fact that the findings of the trial court simply negative the allegations of plaintiff’s amended complaint, it is necessary to summarize the different paragraphs set forth in said complaint.

The first and…