Teshner v. Roome

Former opinion sustained on rehearing January 30, 1923.

On Rehearing.

(212 Pac. 473.)

McCOURT, J.

The former opinion on this appeal (210 Pac. 160), was reached upon submission of the cause upon briefs under Rule 18 of this court. (173 Pac. x.) After that opinion Was handed down, a rehearing was granted, and the cause was argued orally by the parties.

Plaintiff for the first time now objects that the plea of usury, interposed by defendant as against those written instruments sued upon by plaintiff, *400each of which stipulated for the payment of interest at 12 per cent per annum, is insufficient to…