Travelers Insurance Company v. Kernachan

KOHN, Justice.

This suit was initiated by the Appellees, plaintiffs bélow, for the recovery of interest which the Appellant, defendant below, required the Appellees to pay before the Appellant would accept prepaymerit of the entire indebtedness owed it by the Appellees; The case was tried on one count for money-had and received and the jury verdict was for the plaintiffs in the amount sued for. The Appellees on April 2, 1962, borrowed $94,000.00 from the Appellant and agreed to pay 6% per annum as interest. The note given by Appellees to Appellant called for the payment of interest plus a…