Legal Opinion

First Nat. Bank of Stigler v. Howard

Supreme Court of Oklahoma

Decided June 13, 1916No. 7425PublishedCited by 6 opinions

Error from District Court, Haskell County; AT. H. Brown, Judge. Action by J. T. Howard against tlie First National Bank of Stigler, to recover penalty for usury charged. Judgment for plaintiff, and defendant appeals.

1Opinion of the Court

Opinion by

BURFORD. 0.

This was an action brought by J. T. Howard against Ihe First National Bank of Stigler. to recover twice the amount of interest paid in excess of the rate of 10 per cent, per annum upon the principal sum loaned. There was a general demurrer filed by the defendant, which was overruled, and properly so. since the petition stated a cause of action. The petition, however, in addition to twice the, amount of unlawful interest, paid, sought to recover an attorney’s fee. and to this portion of the petition a special demurrer was lodged, which was by the court overruled. This was…

2Cases cited2 opinions

  1. Miller v. Oklahoma State Bank of AltusSupreme Court of Oklahoma · 1915
  2. First Nat. Bank of Wellston v. GreenSupreme Court of Oklahoma · 1916

3Cited by6 opinions

  1. Detonics ".45" Associates v. Bank of CaliforniaWashington Supreme Court · 1982
  2. Commercial Nat. Bank of Checotah v. PhillipsSupreme Court of Oklahoma · 1916
  3. McAnally v. Ideal Federal Credit UnionSupreme Court of Oklahoma · 1967
  4. First Nat. Bank of Commerce, New Orleans v. EavesLouisiana Court of Appeal · 1973
  5. American Nat. Bank v. StapletonSupreme Court of Oklahoma · 1917

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