First Nat. Bank of Madill v. Collins
Supreme Court of Oklahoma
Error from Marshall County Court; J. W. Falkner, Judge. Action by J. M. Collins against the First National Bank of Madill to recover usurious interest. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Opinion by
AMES, C.
This action was commenced in a justice court for the purpose of recovering usurious interest, which had been paid by the plaintiff to the defendant. Before the trial the plaintiff filed an amended bill of particulars, adding an additional transaction in which usury had also been collected. The case was tried and judgment rendered in the justice court for the plaintiff. In the county court, after appeal taken, the defendant moved to strike out the new matter included in the amended bill of particulars, because it was a new cause of action, being a separate interest…
2Cases cited5 opinions
- Holden v. LynnSupreme Court of Oklahoma · 1911
- Twine v. KilgoreSupreme Court of Oklahoma · 1895
- Brewer Stannard v. BlackSupreme Court of Oklahoma · 1897
- Butts v. PhelpsSupreme Court of Missouri · 1886
- Jacks v. NelsonSupreme Court of Arkansas · 1879
3Cited by4 opinions
- Fooshee Brunson v. SmithSupreme Court of Oklahoma · 1912
- Stephenson v. MaloneSupreme Court of Oklahoma · 1937
- Midland Valley R. Co. v. GreenSupreme Court of Oklahoma · 1913
- First Nat. Bank of Madill v. EvansSupreme Court of Oklahoma · 1911