Kepler v. Conkling

On Petition for a Rehearing.

Bicknell, C. C.

The court, as stated in the principal opinion, made a special finding of the facts, and stated the following conclusions of law:

1st. The plaintiff is entitled to six per cent, interest, and no more.

2d. The $2,410 paid as extra interest over and above the six per cent, was usurious, and the defendants are entitled to recover the same.

3d. There is, therefore, nothing due the plaintiff on the notes in suit, and the defendants are entitled to judgment in their favor for costs.

*398The appellees admit that the first and second of these conclusions of law were…