Darnall v. Petersen

Mués, Judge.

INTRODUCTION

Gary Darnall and Emilie Damall sued Bernard Petersen and Kay Petersen to recover on a promissory note. After trial but before judgment, the Damalls’ claim against Bernard was discharged in bankruptcy court. The trial court subsequently entered judgment against Kay for the principal amount but denied interest, finding that the interest rate charged was usurious. The Damalls timely appeal that order, and Kay cross-appeals.

BACKGROUND

On February 10,1995, the Damalls filed a lawsuit against the Petersens alleging that on January 26, 1989, the Petersens executed a promissory…