Stephens v. Olson

All the facts, and most of the assignments of error, in these two cases, being the same, they can be conveniently disposed of together. Each action was on a negotiable promissory note executed by the defendant, payable to the order of the plain*296tiffs, Stephens and Cromb, by their firm name, the “Bank of Fosston.” In each case the defense was usury.

The undisputed evidence was that the two plaintiffs named were partners under the firm name referred to, and, as such, were conducting a general banking business at Fosston; receiving deposits, paying out money, and making loans. They employed one…