Seawell v. Hendricks
Supreme Court of Oklahoma
Error from the District Court of Cleveland County. STATEMENT OE EAOTS. This action for the recovery of usurious interest, was begun on the 31st day of January, 1895, by the plaintiff in error, in the district court of Cleveland county, against the defendant in error, T. W. Hendricks, to recover the sum of four thousand dollars alleged to have been paid by the plaintiff to the defendant above the rate of twelve per cent per annum upon promissory notes made by the plaintiff to…
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Error from the District Court of Cleveland County. STATEMENT OE EAOTS. This action for the recovery of usurious interest, was begun on the 31st day of January, 1895, by the plaintiff in error, in the district court of Cleveland county, against the defendant in error, T. W. Hendricks, to recover the sum of four thousand dollars alleged to have been paid by the plaintiff to the defendant above the rate of twelve per cent per annum upon promissory notes made by the plaintiff to the defendant. An amended petition having been filed by leave on May 4, 1895, the case came on to be heard on the 29th…
1Opinion of the Court
The opinion of the court was delivered by
MoAtee, J.:
The remedy sought for by the plaintiff in this action is based upon §9, art. 6, ch. 16, p. 223, Statutes of Oklahoma, 1893, which provides, that:
“A person taking, receiving, retaining, or contracting for any higher rate of interest than the rate of twelve per cent, per annum, shall forfeit all the interest so taken, received, retained, or contracted for. * * When a greater rate of interest has been paid than twelve per cent, per annum, the person paying it, or his personal representative,-may recover the excess from the person taking it, or…
2Cases cited8 opinions
- Nashville, Chattanooga & St. Louis Railway v. AlabamaSupreme Court of the United States · 1888
- Harrison v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1815
- Jenness v. CutlerSupreme Court of Kansas · 1874
- Western Union Telegraph Co. v. BrownIndiana Supreme Court · 1886
- Commonwealth v. ShermanCourt of Appeals of Kentucky · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Walker v. WoodCourt of Appeals of Tennessee · 1948
- Melton v. SnowSupreme Court of Oklahoma · 1909
- Stallings v. LittleSupreme Court of Oklahoma · 1942