First National Bank v. Wayburn

COLLARD, Judge, Section A.

September 24, 1887, appellant filed suit against appellees in the District Court of Montague County for balance due on a note for $2377.55, dated November 4,1885, due six months after date, bearing 12 per cent interest per annum from maturity and 10 per cent attorney fees, credited with $1091, paid July 24, 1886. Plea of suretyship was set up by all the defendants except J. W. Way burn, who was the principal, and admitted by plaintiff. J. W. and W. W. Wayburn filed a sworn plea of usury as follows: That on the 23d day of September, 1884, defendants executed to…