Hamilton Nat. Bank v. McCanless

The Hamilton National Bank, as administrator of the estate of J. A. Frazier, instituted this suit to recover $16.67 collected under the Hall Income Tax Law, Laws 1931, Ex. Sess., chap. 20, and paid by plaintiff under protest.

The question for decision is this: When a note executed for a period of more than six months becomes past due, is the interest accruing thereon after maturity subject to taxation?

The trial court answered this question in the affirmative by sustaining the demurrer of defendant to the declaration and dismissing the suit.

It is the theory of plaintiff that at maturity a note…