Poulk v. Cairo Banking Co.

(After stating the foregoing facts.) The Civil Code (1910), § 3438, provided that “Any person, company, or corporation violating the provisions of section 3436 shall forfeit the excess of interest so charged or taken, or contracted to be reserved, charged or taken.” And § 3442 provided that “All titles to property made as a part of an usurious contract, or to evade the laws against usury, are void.” The act of 1916 (Acts 1916, p. 48) repealed the sections above quoted; and in lieu thereof the legislature enacted:

*342(1) “Any person, company, or corporation, violating tbe provisions of section…