Mayfield v. Oklahoma State Bank

HODGES, Justice.

This is an appeal from an order of the district court sustaining defendant’s motion for summary judgment. Plaintiff had alleged in his petition a cause of action in usury under 15 O.S. §§ 266, 267 for double the amount of interest paid. They alleged that $42,775.68 was the amount of usurious interest paid.

Plaintiffs set forth in their petition that they had orally agreed with defendant bank to borrow money at the rate of 6 per cent per annum. They alleged that by means of “scheme, devise and subterfuge and plan, defendant charged, reserved and collected from plaintiffs…