First Nat. Bank of Mill Creek v. Landis

The questions for review in this case are the same as those presented by the record and decided this term in First National Bank of Mill Creek v. Ellis (ante). In this case, as in that, a demurrer to the petition upon the ground that there was no allegation therein that the defendant bank knowingly received and reserved for' its own use the usurious interest alleged to have been received by it, was overruled. It was held that;

“A petition filed for the purpose of recovering alleged usurious interest by the party contracting for the payment of same should allege that the usurious interest had…