Hollamon v. First State Bank of Stroud

Loft Hollamon, hereinafter referred to as plaintiff, commenced an action against First State Bank of Stroud, Oklahoma, referred to as Bank, to recover for usurious interest charged and received by the bank. The trial court sustained Bank’s demurrer to plaintiff’s petition and on plaintiff’s election not to further plead, the action was dismissed. Plaintiff perfected the present appeal.

There are two issues to be determined. (1) Is the plaintiff the proper party to maintain the action ?, and (2) are the allegations in the petition sufficient to charge a violation of Title 15 O.S.1961 § 266,…