Holland-O'neal Milling Co. v. Rawlings

This is a suit to recover the balance alleged to be due on a promissory note. The cause was tried before the court without a jury, and judgment went against plaintiff on the note, and in favor of defendants on a counterclaim. Failing to get a new trial plaintiff appealed.

The petition is in the conventional form. The answer in effect pleads that the payments made, excluding alleged usury, exceeded the amount due, and then follows a counterclaim to recover the alleged usury paid. The reply is a general denial.

The transactions which gave rise to the note in suit were had between defendant G. T.…