Strickland v. First State Bank of Balaton

Wilson, O. J.

Action for money had and received. Defense was: (1) That defendant did not receive money from plaintiff; and (2) that if. so the transaction was usurious. The jury found for plaintiff. A new trial was granted, and on the second trial the jury again found for plaintiff who now appeals from the judgment entered pursuant to the order of the court granting defendant’s motion for judgment notwithstanding the verdict.

Defendant did not ask for a new trial. Upon such record our attention must be directed to the inquiry as to whether or not there was any competent evidence in the case…