Legal Opinion

Midland Savings & Loan Co. v. Tuohy

Supreme Court of Oklahoma

Decided January 29, 1918No. 6975PublishedCited by 11 opinions

Error from District ('ourt. Oklahoma County; James W. Steen, Assigned Judge. Action by C. J. Tuohy and Laura Tuohy against the Midland Savings & Loan Company to recover usury exacted and received by the company from the Tuohys. Judgment for plaintiffs, and defendant brings error.

1Opinion of the Court

Opinion by

POPE. C.

On the 1st day of December, 1911, the Midland Savings & Loan Company, a Colorado corporation, loaned in Oklahoma to O. J. Tuohy and Laura Tuohy, citizens of Oklahoma, the sum of $3.000, and had the same secured by mortgage on Oklahoma real estate. The contract involved stock premiums, principal and interest. The corporation in the manner of building and loan associations prepared the contracts and inserted therein certain provisions which were to its liking. Among these was a provision that the interest on the loan should never exceed 10 per cent., although the contract…

2Cases cited10 opinions

  1. President of the Bank of the United States v. OwensSupreme Court of the United States · 1829
  2. Miller v. Life Insurance Co.Supreme Court of North Carolina · 1896
  3. Charles A. Riley Co. v. W. T. Sears & Co.Supreme Court of North Carolina · 1911
  4. Darden v. SchuesslerSupreme Court of Alabama · 1907
  5. MacRackan v. . BankSupreme Court of North Carolina · 1913

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Dies v. Bank of Commerce of SapulpaSupreme Court of Oklahoma · 1924
  2. Brown v. American Nat. BankCourt of Appeals for the Tenth Circuit · 1952
  3. Holt v. Aetna Bldg. Loan AssociationSupreme Court of Oklahoma · 1920
  4. Munn v. Mid-Continent Motor Securities Co.Supreme Court of Oklahoma · 1924
  5. Barnhart v. RichardsonSupreme Court of Oklahoma · 1928

6 more not listed; retrieve them via the Exa API.

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