Liberty Plan Co. v. Smith

This appeal presents error from the district court of Oklahoma county, and was brought by Sam W. Smith and Bessie E. Smith, as plaintiffs, against the Liberty Plan Company, as defendant, to recover usurious interest charged plaintiffs.

For convenience the parties here will be referred to as they appeared in the trial court, plaintiff in error as defendant, and defendants in error as plaintiffs.

Plaintiffs allege, in substance, that defendant, the Liberty Plan Company, is an express trust; that its trustees are Ernest H. Gill, M. E. Friss, Gordon Cooper and Sam S. Gill; that said company was…