Clark v. Hood System Industrial Bank of Reidsville

In tbe absence of allegations in tbe complaint tbat plaintiff paid to defendant as interest on loans of money made by defendant to plaintiff, sums in excess of six per centum per annum, tbe demurrer of defendant to tbe complaint was properly sustained. Allegations tbat defendant charged and received usury, on notes discounted by plaintiff with defendant, are not sufficient to constitute a cause of action on wbicb plaintiff is entitled to recover tbe statutory penalty for usury paid by plaintiff to defendant. Nor are allegations tbat defendant charged plaintiff interest in excess of six per…