Babcock v. Farmers' & Drovers' Bank

Opinion by

Green, C.:

The Farmers’ and Drovers’ Bank sued the plaintiffs in error in the district court of Kingman county, upon a promissory note for $1,776.50. S. G. Babcock answered, admitting the execution of the note, and set up tbe affirmative defense that the note was void for want of consideration; that he had, at different times and in different sums, borrowed money from the Farmers’ and Drovers’ Bank, and had agreed to pay usurious interest for the use of the money so borrowed ; that the whole sum of such usurious interest agreed to be paid by him amounted to the sum stated in the note…