Legal Opinion

Temple Nat. Bank v. Johnson

Supreme Court of Oklahoma

Decided November 28, 1916No. 8055PublishedCited by 2 opinions

Error from District Court, Cotton County; Cham Jones, Judge. Action by H. M. Johnson against the Temple National Bank to recover penalty for usury. Prom a judgment for plaintiff, defendant appeals.

1Opinion of the Court

Opinion by

BURPORD, C.

This was an action to recover the penalties for usury under section 5198, Rev. St. U. S. (U. S. Comp. St. 1913, sec, 9759), instituted originally in a justice court and, after judgment there. tried de novo upon appeal to tlie district court.

The bill of particulars filed by plaintiff contains no allegation that the alleged usury was knowingly charged or received, or any allegation of equivalent import. There was a general demurrer to this bill of particulars, which was overruled and exceptions saved. Upon the trial the court’s instructions contained no reference to the…

2Cases cited2 opinions

  1. First Nat. Bank of Mill Creek v. EllisSupreme Court of Oklahoma · 1911
  2. First Nat. Bank of Mill Creek v. LandisSupreme Court of Oklahoma · 1911

3Cited by2 opinions

  1. Nesglo, Inc. v. Chase Manhattan Bank, N.A.District Court, D. Puerto Rico · 1980
  2. Petroleum Iron Works Co. v. BullingtonSupreme Court of Oklahoma · 1920

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