Garland v. Union Trust Co.
Supreme Court of Oklahoma
Error from District Court, Oklahoma County; W. R. Taylor, Judge. Action by the Union Trust Company and the Union Trust Company, as trustee, against D. N. Garland and wife and J. O. Barr and wife on notes, and to foreclose a mortgage or deed of trust, and against one Silas Rowland, in which W. J. Walker intervened by answer and cross-petition. Decree for foreclosure, and for foreclosure by defendant Walker against defendants Garland .and Barr, and such defendants bring error.
1ConcurrenceThacker, J.
(concurring).'In no aspect of the loan contract in the instant ease does there appear to me to be any taint of «usury. And I concur in the conclusion reached in the opinion of the court that there is no usury in this contract. But, in concurring in this conclusion, I feel it my duty to dissent from the reasoning by which the contract is tested for usury and found to ¡be within the law.
Under the statutes applicable to the instant ease (Laws 1910, p. 253, the same being section 1005, Rev. Laws 1910, and section 915, Stat. 1890, the same being section 1007, Rev. Laws 1910), 10 per cent, per…
2Cases cited25 opinions
- Story v. LivingstonSupreme Court of the United States · 1839
- Fowler v. Equitable Trust Co.Supreme Court of the United States · 1891
- Union Savings Bank & Trust Co. v. DottenheimSupreme Court of Georgia · 1899
- Smith v. ParsonsSupreme Court of Minnesota · 1893
- Goodrich v. Reynolds, Wilder & Co.Illinois Supreme Court · 1863
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