Temple Trust Co. v. Stubbs

HALL, Chief Justice.

On July 24, 1926, the Temple Trust Company loaned C. F. Stubbs and wife, Lou Stubbs, $8,500. The loan was evidenced by nine notes, the first eight for $500 each and the last for $4,500; the last note being due October 1, 1936. Before the institution of the suit C. F. Stubbs died, and the surviving widow and her children filed this suit, alleging that the loan was usurious because o.f a provision in the second mortgage to the effect that if default was made in the payment of any installment of the note, or in compliance with any of the terms and conditions of the mortgage,…