Carey v. Discount Corp.

OPINION OF THE COURT BY

KEMP, C. J.

(Le Baron, J., dissenting.)

The foregoing two cases by the same plaintiff against different defendants involve the same issue. The demurrer of each of the defendants was sustained. Prom the orders sustaining the demurrers and dismissing the complaints the plaintiff has brought both cases here on exceptions where, by stipulation approved by the court, they were consolidated and argued together. The sole issue raised by the exceptions is: May a borrower who pays usurious interest, to wit, interest in excess of one per cent per month, pursuant to a written…