Hazen v. Cook

Plaintiffs brought this action on a promissory note executed by defendants Cook and Richmond to collect the full amount of principal, together with interest at 11 percent per annum, costs and attorney fees. Defendant Cook 1 asserted an affirmative defense alleging the material elements of usury, including an allegation that plaintiffs had a “corrupt intent” to collect a rate of interest greater than that allowed by law. His motion for summary judgment on that ground was granted; the trial court dismissed plaintiffs’ complaint and entered judgment against defendant Cook in favor of the state…