Teague v. First National Bank
Court of Appeals of Kansas
Error from Saline District Court. Hon. R. F. Thompson, Judge. This action was instituted by the plaintiffs in error and Drusilla Daily to recover for usurious interest paid by them to the defendant in error. The plaintiffs below had at three different times borrowed of the Bank sums, aggregating about three thousand dollars, and given their joint notes for the amounts. These notes matured from time to time, ninety days from date.
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Error from Saline District Court. Hon. R. F. Thompson, Judge. This action was instituted by the plaintiffs in error and Drusilla Daily to recover for usurious interest paid by them to the defendant in error. The plaintiffs below had at three different times borrowed of the Bank sums, aggregating about three thousand dollars, and given their joint notes for the amounts. These notes matured from time to time, ninety days from date. At the maturity of the notes each of the makers would pay from his separate funds one-third of the amount of interest, and then they would give their joint note for…
1Opinion of the CourtMcElroy, J.
The determination of this case involves the examination of one question. Did the plaintiffs show such a joint interest in the subject-matter and relief demanded as to entitle them to maintain a joint action? Upon an examination of the evidence in this case, we find that the plaintiffs in error made no joint payment of interest; they had no common fund, and the several payments were made by each one individually from her individual money.
“ In case the greater rate of interest has been paid, the person by whom it has been paid, or his legal *302representatives, may recover back, in an action in the…
2Cases cited2 opinions
- Durein v. PontiousSupreme Court of Kansas · 1885
- First National Bank v. RowleySupreme Court of Kansas · 1893
3Cited by2 opinions
- Merchants' & Planters' Nat. Bank v. HortonSupreme Court of Oklahoma · 1911
- Rosen v. Columbia Savings & Loan Ass'nNew York Supreme Court · 1961