Oliver v. Nat. Bank of Cooper

LIGHTFOOT, Chief Justice.

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This suit was brought by appellant in the District Court of Delta County against the First National Bank of Cooper to recover the sum of $2936.70 as damages by way of penalty against the bank for having knowingly charged and received from appellant, through its agent, G. W. Acker, on May 17, 1893, the sum of $1468.35, interest which was tainted with usury. There was a recovery below for the defendant, from which this appeal was taken.

The trial below was before the court without a jury, and his conclusions of fact are adopted, as follows: “On March 11, 1891, G. B.…